
Qass_ 
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vurrKKjHT OEPOSil 



MEMOIR 



AND 



CORRESPONDENCE 



OF 



I E REM 1 All MASON 



I'KIVATELY PRINTED 



J 



CAMBRIDGE 
printrD nt tijc niljfr.siDf prcai^ 

•873 






Entered, according to Act of Congress, in the year 1S73, by 

Robert M. Mason, 
in the Oflice of the Librarian of Congress, at Washington. 



RIVESSIbE, CAMBRIbGE: 
PRINTED BY H. O. HOUGHTON AND COMPANY. 



PREFACE. 



I WAS asked by my friend, Mr. Robert Means Mason, to prepare from 
materials furnished by him, a Memoir of his father, Mr. Jeremiah Mason. 
He was desirous that such of his father's descendants as had never seen him 
should have some more distinct impression of what manner of man he was 
than could be gathered from memory and tradition. I readily complied with 
his request, as I had known his father in the last years of his life, and retained 
a fresh impression of his peculiar traits of mind and character, as well as a 
grateful sense of his kindness to me personally. It will be borne in mind 
that this Memoir is privately printed, and intended only for a limited circle 
of readers; it thus has more of Mr. Mason's domestic correspondence than 
would have been proper in a published work. 

I have been assisted in my ta.sk by many of Mr. Mason's surviving friends; 
among them, Mr. Daniel M. Christie, of Dover, N. H., Mr. Samuel P. Long 
formerly of Portsmouth, N. H., now of Boston, Mr. John P. Lord, of South 
Berwick, Maine, Mr. Ebenezer Wheelwright, formerly of Portsmouth, N. H., 
and Mr. Lory Odell and Mr. \V. H. Y. Hackett, both of Portsmouth, N. H. 
To the last named gentleman I am under peculiar obligations, as he has 
answered my frequent inquiries, and obtained information for me, with a zeal 
and readiness which nothing but a warm interest in the subject could have 

inspired. 

My work, as it went on, was submitted to the inspection of Mr. R. .M. 
Mason, and has throughout profited by his judgment and taste. 

G. S. HILL.ARD. 

IloSTON, yiinty 1873. 



(' 



CONTENTS. 



CHAPTER I. 



Autobiography 



TACE 
I 



CHAPTER n. 



Remarks on the Autobiography. — Mr. Mason's removal to Portsmouth. — His 
Marriage. — His Professional Success. — Appointed Attorney General of 
New Hampshire. — Friendship with Mr. Webster. — Mr. Lord's Reminis- 
cences 39 

CHAPTER HI. 

Letter to Dr. Appleton. — Politics of New Hampshire. — Mr. Mason chosen 
United States Senator. — Residence in \V;ishington during the First and 
Second Sessions of the Thirteenth Congress. — Letters to Mrs. Mason and 
to Dr. Appleton 4S 

CHAPTER IV. 

Letter from Mr. Gore. — Letter from Mr. King. — Mr. Mason's Congressional 
Life till the Close of the Fourteenth Congress. — Domestic Correspondence. 
— Correspondence with Dr. Appleton, Mr. King, and Mr. Gore. — Mr. 
Mason declines the Office of Chief Justice of the Superior Court of New 
Hampshire 120 

CHAPTER V. 

Mr. Mason resigns his Seat in the Senate of the United States. — Letters to 
Mr. Gore and Mr. King, informing them of the Fact, and their Replies. — 
Letter to Dr. Appleton on the same Subject. — Portsmouth in the Early 



CONTE.NTS. 




Contents. 



Contents. 



Part of this Century. — Mr. Mason's Professional and Domestic Life. — Tiie 
Dartmouth College Case. — Correspondence to the Close of the Year 1818 
with Mr. Gore, Mr. King, Mr. Daggett, and Judge Story .... 155 

CHAPTER VI. 

Correspondence during the Years 1819 and 1820. — Letters to and from Mr. 
King, Mr. Gore, Mr. Webster, Dr. Appleton, and Judge Story. — Mr. Mason 
a Member of the New Hampshire House of Representatives in 1820. — Re- 
port and Resolutions upon certain Resolutions of the State of Virginia upon 
the Admission of Missouri, sent to the Governor of New Hampshire . .210 



Correspondence to the Close of 1S24. 
Gore, Judge Story, and Mr. Webster, 
the United States Senate. — Causes of his Defeat 



CHAPTER Vn. 

Letters to and from Mr. King, Mr. 
Mr. Mason, in 1824, a Candidate for 



258 



CHAPTER VHL 
Mr. Mason's Life and Correspondence from the Close of 1824 till his Removal 
to Boston in 1832. — Death of his Son Alfred. — Chosen President of the 
Branch Bank of the United States at PortsmouUi. — His Policy in managing 
its Business. — Opposition awakened by his Course. — Successful Defense- 
against the Charges brought against him 297 

CHAPTER IX. 

Mr. Mason's Life and Correspondence, from his Removal to Boston in 1832 till 
his Death. — Professional and Social Life in Boston. — Death of his Son 
James. — Retirement from Active Professional Labor. — Declining Years. — 
Death and Character 342 



Appendix 




MEMOIR OF JEREMIAH MASON. 



CHAPTER I. 



AUTOBlOr.RAI'IIY. 



OX this twenty-seventh day of April, 1844, being my seventy- 
sixth birthday, I sit down to call to recollection and narrate 
some of the incidents of my life. I am fully aware that I can state 
nothing in any degree useful or interesting to the public. My life 
has been spent almost wholly in the labors and duties of my profes- 
sion, and like that of most other lawyers, furnishes little or nothing 
of public interest. Why then do I make these idle notes .'* I do 
it in compliance with the urgent and reiterated request of my 
children. To them the most ordinary events relating to me may 
seem to be interesting; and although I have myself acted no im- 
portant part, I have lived during one of the most extraordinary 
periods of the world. I have been sometimes brought in contact 
with some of the most celebrated men of our country ; of some of 
these I may occasionally speak. 

I have always supposed that I was descended from John Mason, 
a captain in Oliver Cromwell's army, who came out from England 
to Dorchester in Massachusetts, and soon removed to Windsor, in 
Connecticut, with the first settlers in that colony, and was greatly 
distinguished in the early wars with the Pequod and Narragansett 
Indians. But I am not able to trace my pedigree up to him. My 
great-grandfather lived in the town of Haddam, in Connecticut, 
and died young, leaving two children, Jeremiah, my grandfather, 
1 



Chaitek I. 




Memoir of yeremiah Mason. 



ClIAl'TER I. 



and a daughter. His relation to John Mason I have not been able 
to ascertain. 

My grandfather was born in the year 1705, and died in 1779. I 
well remember being at his funeral. He lived in that part of the 
town of Norwich which now constitutes the town of Franklin, on 
the farm which my father by his will gave me. He was much 
respected, and somewhat distinguished by his strict observance of 
religious duties. He was a deacon of the Congregational Church. 

My maternal grandfather was James Fitch, a grandson of James 
Fitcli, a learned divine, who came from England and was settled as 
a minister at Saybrook, in Connecticut, and afterwards in Norwich, 
and died at Lebanon ; in the burying ground of which place I have 
seen his epitaph in Latin, which represents him as having been a 
man celebrated for his learning and piety. My grandfather was 
born in 1703, and died in 1789. His father also died while young. 
He inherited from his grandfather a large tract of land in the 
parish of Goshen, in the town of Lebanon, which he obtained by a 
grant from the Indians. He had two children, my mother, Eliza- 
betJT, and Ann. He built a dwelling-house on the aforesaid tract of 
land wliile in a wild state, and brought a large farm under cultiva- 
tion. This, when they were married, he divided between his 
daughters, and retired himself on to a small farm which my father 
purchased for him. With a quite ordinary education he had a 
sound and vigorous understanding. For many years he was asso- 
ciated with the elder Governor Trumbull in representing the town 
of Lebanon in the General Court in the colony of Connecticut. 

My father, Jeremiah Mason, was born in the year 1730, and died 
in 181 3 ; my mother was born in 1732, and died in 1809. 

The aggregate of the ages of my six immediate ancestors 
amounts to four hundred and ninety-nine years five months and 
five days, averaging more than eighty-three years to each. 

My father, soon after his marriage, removed on to the large farm 
given to my mother by her father, where I and all his other children 
were born. The title to this farm, derived by grant to my mother's 



Autobiography. 



great-grandfather from Uncas, the Indian sachem of that region, has 
never been alienated out of the family, and is now owned by my 
nephew, Jeremiah Mason, son of my eldest brother James. 

My father had nine children, of whom I was the sixth. One died 
in infancy, the rest lived to mature age, were married, and had fam- 
ilies. In my old family Bible I have stated their births, marriages, 
children, etc. Two sisters only sur\'ive, both older than myself 

My father was of a gocxl figure, a little above six feet in height, 
rather slender, with a pleai.ant countenance and ardent tempera- 
ment. He was easily irritated and as easily appeased. He had a 
quick apprehension with a sound Judgment, was exceedingly active, 
industrious, and persevering in matters of business, whereby he 
acquired a large property for a man in his situation. He had a 
I good common-school education ; acted as a magistrate for a long 
pericxl, and was much resorted to by the people of his neighbor- 
hood for drawing deeds and other legal instruments. 

At the commencement of the Revolutionary War, being a 
staunch Whig, he raised and commanded a company of minute 
men (as they were called), with which he performed a tour of duty 
at the siege of Boston, and was with the party that was sent out in 
the early part of the night to fortify. Dorchester Heights. I have 
often heard him say that he never worked himself, nor saw men 
work with such ardor and effect for so many hours in succession as 
on that occasion. 

The next autumn ( i 776), having been promoted to a colonelcy, 
he went out in command of a militia regiment and joined the 
army in the vicinity of New York. At the end of this harassing 
and unfortunate campaign, he came home sick. He continued 
in the command of the regiment till after the close of the war. 
When General Arnold assaulted and burnt New London, he rallied 
and brought out his regiment with very commendable speed, which, 
although no important service was rendered, gained him credit, and 
was said to be the cause of his being appointed to the command of 
Fort TriMTibull, at the m niili ,.f \.u- London harbor. This he 



CiiAnFii I. 



Memoir of yeremiah Mason. 



Chapter I. 



retained for a few months only, till the excitement occasioned by 
the attack passed away. He had, or thought he had, a taste for 
military life. I have heard him express his regret that he had not 
early in the war entered the Continental army. 

He was a good man, affectionate to his family, kind and obliging 
to his neighbors, and faithful and strict in the observance of all 
moral and religious duties. . 

My mother was a woman of fine natural understanding; of good 
apj^earance, but plain in manners and discreet in conduct. Her 
reading was confined mostly to books of devotion, and she had little 
concern with artificial accomplishments. Her great value consisted 
in the purity of her heart and affections under the guidance of 
native discretion. Kindness and benevolence were instinctive with 
her ; she seemed never to fall under the influence of any angry or 
malevolent passions ; she was kind to all who approached her, or 
came within the sphere of her influence, and this was followed by 
its natural consequence. I doubt if there was a person in the world 
that owed her ill-will, or felt an inclination to do her injury. With all 
this superabundant kindness she was very efficient in the manage- 
ment of her large household, and in the performance of all her 
duties. I think she must have had a considerable degree of fancy 
and natural taste, as she used always to draw the patterns on sam- 
plers for my sisters' ornamental needle-work, in which they became 
somewhat accomplished. She was anxiously desirous to give all 
her children the best education in her power, and it was owing 
much to her influence with my father, that I was enabled to obtain 
a collegiate education. She was ardently pious, and much devoted 
to the duties of religion. In my recollection she is a personifica- 
tion of love, kindness, and benevolence. I Venerate and love her 
memory. 

The earliest distinct recollection of my childhood is the alarm of 
the Battle of Lexington in the spring of 1775, when I was seven 
years old. In the early part of the evening a horseman called at 
the door and left a written notice of the alarming intelligence, and 



Atttobiography. 



hastily passed on his way. The whole family was instantly in com- 
motion. Messages were instantly dispatched to the minute men to 
meet as quick as possible at their company rendezvous equipped 
and ready to start for the battle. My father soon departed, after 
taking a most affectionate leave of my mother and the children, 
leaving us all in an agony of tears. For as he was going to fight 
the regulars (as the British troops were called), we naturally supposed 
the matter was to be fought out at once, and that there was an even 
chance that he might never return. After two days of extreme 
distress, news came that the British had retreated into Boston and 
that our minute men were met on their way and turned back; we 
were consoled "by the knowledge that our dear father was safe, and 
also by the belief that the war was over. 

. Latterly in my old age the events of my childhood seem to 
recur to my memory more freshly than they did in the middle 
period of my life. The reason may be that I am now more in the 
habit of trying to recall them. 

My father lived in a retired situation, with no near neighbors, 
and only a few within two miles, and those of an ordinary cast, with 
whom our family kept up but little intimacy. For amusements we 
were left mostly to our own resources. The most serious incon- 
venience attending this seclusion, was the want of a good school, 
rhere was no school-house within the district, and when a school 
was kept at all, which was during a small portion of the time, it 
was in an apartment of some dwelling-house. Till after the age of 
fourteen, I think, I never attended school but three winters, and not 
longer than three months each winter; both the instructors and 
pupils must, of course, have been verj' ordinary. Considerable 
pains were taken in the family to instruct the children in the rudi- 
ments of reading, spelling, and writing, by having the elder instruct 
the younger. Most, if not all, the children were sent from home 
for short periods to better schools ; by this means the elder children 
became, in some degree, competent to instruct the younger. No 
set times for studv and instruction were fixed on, but the instruction 



CHAFfKR I. 



Memoir of jferemiah Mason. 



Chapter I. 



was given when it might happen to be convenient, and, of course, ; 
was of little value. My mother was careful to have us well drilled in 
the Westminster Catechism, which was faithfully committed to 
memory, and Mr. Stowe, our parish minister, came regularly once a 
year and examined us. 

As soon as I had sufficient strength I was kept industriously at 
work on the farm, like other farmers' boys, till I had advanced half 
way through my fourteenth year. I had no special liking for hard 
work, and often importuned my father to let me go off to school. 
He always replied that he intended I should go, and that I should 
go soon. My elder brother, James Fitch, at the urgent request of 
my mother's father, whose name he bore, had been sent to school 
with intent that he should prepare for college, but on attempting 
the study of the dead languages he took a strong dislike to it and 
abandoned it. At length my father, tired with my reiterated im- 
portunity which was always enforced by the advice of my mother, 
consented that I should go to school ; accordingly, late in the fall 
of 1782, my father applied to Master Tisdale to receive me in his 
school in the old parish of Lebanon, about six miles from our 
house, which I entered. I boarded with my sister, Mrs. Fitch, who 
lived near a mile from the school ; but that was considered to be no 
objection, and it truly was not. Many of the scholars lived at 
greater distances. Master Tisdale's school had acquired a good 
deal of celebrity, and was attended by scholars from a distance. 
He graduated at Cambridge, was a good scholar, and had kept the 
school, I believe, forty years, and had become quite aged, and was, 
probably, less efficient than he had been. He was, however, still a 1 
very competent instructor and worthy man, and I have always 
retained a grateful regard for his memory. The school-house was 
a capacious brick building, planned and erected under the auspices 
of the elder Governor Trumbull, and furnished excellent accommo- j 
dations. When there lately I was both grieved and mortified to see 
that the modern degenerate proprietors had torn down the vener- 
able old building and substituted in its place a flimsy wooden 
erection. 



t 



Autobiography. 



a 




I recollect with gratitude the kindness and affectionate treatment 
"^of my sister Fitch while I lived with her. She was a woman of 
excellent understanding, in temperament and disposition much like 
my mother, and gave me much good advice. 

I was very backward for my age in all school learning. I read 
but poorly and spelt worse; my handwriting was bad, and in arith- 
metic I knew very little. I have always regretted the loss of the 
time spent at work on the farm at home. Had I been placed at 
school six or eight years earlier, it would probably have been of 
advantage to me. I was aware of my deficiency and went to study- 
ing with good resolution and diligence. In the course of a few 
months I commenced the study of the Latin, and soon after that of 
the Greek language. In less than two years I was declared by 
Master Tisdale to be fitted for college.' 

In the autumn of 1784, I was examined and admitted to the 
Treshman class in Yale College. The requirements for admission 
to' that college were then very low. In Latin the examination was 
confined to a part of Virgil and a part of Cicero's Select Orations ; 



' The First P-irish in Ixkinon, m that was called in which Mr. Tisdalc's school w.is located, was 
greatly di^tinKuishcd by a strict and rigid nlwervancc of the prcscrilwd religious duties. They were 
of the Calvinistit I'liritan school, of the hij^hcst order. The elder Governor Trumbull, then gov- 
ernor of the State, «a.s the chief ruler of the synaRnguc. He was a venerable man, with the repu- 
tation of much learning. He had for a.ssLstants his son-in-law, Colonel William Williams, one of 
the signers of the declaration of Independence, his son, the late governor, and three or four others 
who claimed preeminence from their collegiate educations. The parish had l>cen subjected for a 
h>ng pcricKl to a rigid theocratic government. The Sabbath commenced at the setting of the sun on 
Saturday and ended at sunset on Sunday. The .SabKith was a day of solemn gravity, on which the 
children were strictly forbidden to laugh. Much ditTiculty had been ex|>cricnced in finding a suitable 
•^ncccs.sor to their late minister. Dr. Williams, who had occupied their pulpit nearly fifty years. 
I'hcy had numerous can<lidates on trial ; but the whole parish, men .tnd women, had become critically 
Ic.irned theologians, anil none could pass the scrutiny, till at length a Mr. Kly (the late Dr. Ely) 
iv.is adroit enough to unite all their suffrages. Great preparations were made for his ordination. 
Some docen of us school-boys pLinncd a dance for the evening, eng.iged a negro fiddler and an 

|ual numlxir of pretty girls tt> join us. ' We were in high spirits, anticipating the pleasure of a fine 
rolic, when to our consternation, at the close of the ordination service, up rose Colonel Williams, 
.^tkI, after proclamation for silence, with a loud voice read an order of the civil authority of the 
town, forbidding .ill fiddling, dancing, and other like carnal recreations on that day, and enjoining all 
persons to keep the day with the religious observances proper for a Sabbath. This at once put an 
end to all our notions of frolicking. Nobody doubted or thought of questioning the right of the civil 
authorities to make the order. 



Cil.MTER I. 



Memoir of yeremtah Mason. 



Chapter I. 



in Greek, to the Evangelists. My attainments, though slender, were 
equal or suiaerior to that of a majority of my class. At that time 
the instruction of each of the three junior classes in all branches, 
was confided exclusively to its own tutor. The Sophomore class 
being very large, was divided and had two tutors. The president 
had charge of the Senior class. There was a professor of divinity 
whose duty was confined to preaching on Sundays, and who had 
nothing to do with class instruction. The tutors were usually 
young men who had been out of college only one or two years, and 
retained their places for short periods only. The college was 
almost entirely destitute of funds and unable to employ competent 
professors. The whole income from the endowment was no more 
than sufficient to pay the small salaries of the president and pro- 
fessor of divinity. The tutors' salaries and all other expenses, were 
to be indemnified by tuition fees and the rent of rooms in a small 
college building. Yet with such slender means of instruction, a 
good degree of hard study was enforced. President Stiles had ex- 
cellent talents for government ; was both loved and respected, and 
maintained a sound discipline ; a boy that would not study had an 
uncomfortable time of it. 

As was usual, I had been examined and was admitted at the time 
of Commencement, and at the end of the ensuing vacation I re- 
turned to New Haven to join my class. I arrived the afternoon of 
the first day of the term, and having put up my horse and engaged 
lodgings for the night, I, towards evening, went up to the college 
to see the splendor of my future residence. While standing in the 
college yard (as the inclosure was called), a man booted and with a 
horsewhii3 in hand, approached me and asked if I was a Freshman! 
I answered, " Yes, sir." " Take off your hat, then, when in thtj 
presence of one of the government of the college." He added, " Gf 
and ring the bell for prayers," and passed into the college building 
•I was confused by this harshness and went immediately to what \ 
supposed to be the chapel. The door of the belfry was open, buil 
on entering I could find no bell rope. I looked into the chapel 



A II tobiography 



!f 



nobody was there ; after looking again for the bell rope and finding 
none, and feeling a little indignant at the rude treatment I had re- 
ceived, I left the chapel and returned to my inn. There I found 
several of my classmates, with whom I soon became acquainted. I 
told them the story of the treatment I had received and of my 
ipprehcnsion of trouble from my disobedience of orders ; this 
led to an ardent discussion of the demerits of the fagging servitude 
to which, by the ancient college regulations, the Freshmen were 
subjected. By the college laws the Freshmen were placed in what 
we deemed an improper subjection to the members of the other 
classes. The superiors had the right of requiring of the Freshmen 
certain menial services, such as sending them on errands to any 
parts of the town, bringing water from the pump at all times, except 
during study hours and college exercises. They had also the right 
of requiring the attendance of the Freshmen at their rooms to be 
there instructed in the rules and practice of good manners. What- 
ever might have been the original object and effect oi this practice, 
it had now fallen under much odium, and was exercised mostly by 
the young Sophomores for the purpose of vexation. We were 
unanimous in its condemnation as tyrannical and degrading. 

The next morning I attended prayers at the chapel, after which 
all my classmates that were present were directed to repair to a 
certain room in college, where we were met by Mr. Perkins, our 
tutor, who explained to us the college regulations, and assigned 
rooms in the lower stor)' of the college building to such as desired 
them. On passing through the yard I was met by the same person 
I had seen the day before, who immediately recognized me and 
')rdered me to come to his room, which he pointed out. I had be- 
fore found out that he was .Mr. Tutor Channing. He, in a harsh 
.nanner, took me to task for disobedience of his orders in not ring- 
ing the bell. I plead inability by reason of there being no bell-rope. 
He disallowed my excuse, saying that the rope was drawn up into' 
the second story of the belfry ; that I could have found it easily 

After giving me a severe reprimand, he ex- 



ClIAriKK I. 



enough if I had tried 



lO 



Memoir of ycremiah Alason. 



Chapier I. cused me from further punishment in consideration of my ignorance 
of his dignity and of college laws, and dismissed me with a strong 
caution to look out for the future. Alarmed by having fallen so 
soon under ill opinion by the Government I went immediately to my 
father, who was then in New Haven attending a session of the Leg- 
islature, of which he was a member, and explained to him my griev- 
ances and apprehensions. He was acquainted with Mr. Talcott 
Russell, the senior tutor, and arranged with him to receive me into 
his room as his Freshman. This exempted me from the liability of 
being fagged by the members of the higher classes. For the privi- 
lege, I was at the expense of partly furnishing the tutor's room, and 
did such errands and services as he required. He allowed me a 
closet for my study. He was a gentlemanly and kind man, and I 
lived with him the year pleasantly. Mr. Tutor Channing always 
seemed to look on me with an evil eye, but I had no further 
difficulty with him. At the end of the year he left, with which I 
was well pleased. 

During my college life I was regular in my conduct, getting into 
no scrapes and tolerably diligent in my studies, especially in my 
Junior year, when I studied rather severely — quite as much so as my 
health would bear. I had a good standing with the President and 
tutors. In my Senior year I was one of the monitors in the chapel. 
My chum for the second and third year was Daniel Waldo, my 
senior by several years. He was a hard student; and without great 
faculty for acquisition, by dint of study became a good scholar. 
He was a very correct and worthy man, and I have always deemed 
myself fortunate in having him for a chum. He afterwards became 
a Congregational clergyman, and is, I believe, still living. 

I passed through college with good success ; my standing in my 
class was among the first. In Latin and mathematics I was inferior 
to none, and deeply regret my subsequent neglect of those studies. 
In Greek I pretty thoroughly mastered the Greek Testament, the 
only book required to be studied, and in which we were examined. 
My real knowledge in that language was slender, and is now almost 



Autobiography. 



entirely lost. I excelled in forensic disputations, of which consid- 
erable account was then made in the college. My greatest defi- 
ciency was in the English language, which I impute to the neglect 
of my early school education. Almost no ])ains were taken in 
I-lnglish at the college at that time. 

.My class was under the instruction of Mr. Perkins the two first 
years. He was a good scholar and rigid disciplinarian, and kept us 
diligently at work. The third year Mr. Fitch, afterwards President 
of Williamstown College, was our tutor. He was a very amiable 
man. but less efficient as an instructor than .Mr. Perkins. 

During our .Senior year the President took the whole charge of 
our instruction. Ethics constituted our chief class study, and 
Locke's treatise our only text-book. Some attention was ]iaid to a 
general review of our previous college studies and the I'rcsident 
insisted that the whole class should undertake the study of Hebrew. 
We learned the alphalx-t, and worried through two or three Psalms, 
after a fashion ; witli most of us it was mere pretense. The Presi- 
dent had the reputation of being very learned in Hebrew, as well as 
several other Eastern dialects. For the Hebrew he professed a 
high veneration. He said one of the Psalms he tried to teach us 
would be the first we should hear sung in heaven, and that he 
should be a>hamed that any of his pupils >hnul(l be tntinlv it^no- 
rant of that holy language. 

We had but one recitation a day, and the prescribed studies took 
up but a small portion of our time. Those inclined to study were 
mostly directed by their own inclinations. I unwisely spent a con- 
siderable portion of my time in the elementary bonks of the law, 
on which profession I had determined. 

President .Stiles' chief value consisted in his admirable powers of 
government. His time must have been so taken up with other 
duties that he could have had little for the instruction of his class. 
Indeed, the whole ability of the college for instruction was, at that 
time, sadly defective. The college Faculty, however, did the best 
they could. They made regulations requiring diligent study, which 



I I 



('llAITKR I. 



12 



Memoir of yereiniah Mason. 



Chapter 1. 



they enforced by faithful and rather severe examinations. This 
occasioned a violent rebellion among the students, which was 
quelled by the expulsion of some and the dismissal of others. The 
result was the more firm establishment of the authority of the Gov- 
ernment. 

My college life, on the whole, passed pleasantly and with tolerable 
profit. At the Commencement, when I was graduated (1788), in the 
public exercises a part in the forensic disputation was assigned to 
me. My classmate, the Rev. Dr. Chapin, was my opponent. Our 
question was, whether capital punishment was, in any case, lawful. 
I held the negative. I stole the most of my argument from the 
treatise of the Marquis Beccaria, then little known in this country. 
It was new, and consequently well received by the audience ; indeed, 
its novelty excited considerable notice. I was flattered and much 
gratified by being told that my performance was the best of the 
day. In the course of a long and active life I recollect no occasion 
when I have experienced such elevation of feelings. 

During my college life I had been in the habit of frequently 
attending the law trials in New Haven. The bar contained several 
talented lawyers and popular speakers, of whom Pierpont Edwards 
was the most celebrated. He had the reputation of great learning, 
which, from what I have since heard, I doubt whether he deserved. 
But he was certainly very fluent, and, I thought, eloquent. The trials 
were all conducted in a manner loose and highly popular. The 
admiration excited there led me to choose the law for my profes- 
sion. 

Immediately after Commencement I explained to my father my 
inclination for studying law. He had attended the Commencement, 
and I knew that he was gratified with my supposed proficiency, and 
I expected no objection to my proposal ; but he did object, assign- 
ing as the reason the great expense that would be incurred, and 
suggested that I had better keep school for a time or go to study- 
ing divinity under the direction of Dr. Stone, the clergyman of our 
parish. I did not believe that he really wished me to study divinity. 



A II tobiography. 



for which he knew I had no inclination, but supposed he made this 
objection to punish nie for spending more money during my Senior 
year in college than he deemed necessary. That was occasioned 
mostly by my purchasing that year more expensive articles of dress 
than in former years. My clothes had before been furnished almost 
wholly from the domestic manufactory of the family; which my kind 
mother had, with great pains, provided for me, and which, though 
good and substantial, I thought not smart enough. If my father's 
inclination to enforce rigid economy needed any apology, it might 
be found in the excessive scarcity of money and the extreme pov- 
erty of the whole country at that period. 

Sanguinely confident in my ability to take care of myself, I im- 
mediately determined not to importune my father for further sup- 
plies, but to attempt to get my law education by my own exertions. 
From what I had heard at New Haven I got the notion that the 
State of New York was the best place within my reach for lawyers. 
My good grandfather Fitch, who then lived with my father, had 
given me a small sum of money ; with this and the loan of his horse 
I started on a journey to Albany, literally to seek my fortune. I 
went by way of Litchfield, in Connecticut, where I met with several 
of mv college acquaintance in Judge Reeve's Law School. I should 
have been delighted to have joined them, but being unable to do 
so I professed a decided preference for the State of New York, to 
which I told them I was bound. At Great Harrington I tarried a 
few days with my Aunt Whiting and her interesting family. I 
soon contracted an intimacy with Samuel, the eldest son, a well in- 
formed and worthy man, who died many years ago; with him I 
consulted, and explained my projects. My plan was to support 
myself while studying law at Albany, by instructing a small school 
or class of boys preparing for college. If I failed in making such 
arrangement, I thought of applying to Judge Sedgwick of Stock- 
bridge, then in the height of his reputation as a lawyer, who had 
married another of my aunts that died soon after her marriage. 
My cousin told me that a violent feud had long existed between his 



ClIAITER I. 



H 



Memoir of yeremiah Mason. 



Chapter I. 



father, Judge Whiting, then lately deceased, and Mr. Sedgwick, 
and that the Whitings would be grievously pained by my making 
any acquaintance with Mr. Sedgwick. I mention this trivial matter, 
as it was the real cause that in after times induced me unwisely to 
neglect opportunities of making the acquaintance of Judge Sedg- 
wick, which I might easily have done. 

When I got to Albany I put up at the Eagle Tavern, in Main 
Street, where there was a large number of law3fers attending the 
Supreme Court then in session. There, for the first time, I saw 
General Hamilton and Aaron Burr. I immediately inquired out 
my classmate Woodworth, who had commenced the study of law in 
the office of Mr. Lansing, a Dutchman, and afterwards Chancellor 
of the State, the immediate predecessor of Judge Kent; from him 
I got information of the general lay of the land. After looking 
round for two or three days I applied to Major Scill, a lawyer of 
good, though not of brilliant reputation, and frankly and fully ex- 
plained to him my true condition and strong desire to enter his 
office as a student in some way, if I could. He received me with 
great courtesy and expressed a kind sympathy for my situation, 
saying that he had at my age found himself in a similar condition. 
He disapproved of my project of school-keeping; said that Mr. 
Dickson, whom I had known in Yale College, and who had been in 
his office three years, was then just leaving it ; that he had much 
writing and other business in his office which I could advantage- 
ously employ myself in doing, and that, if I felt willing to go to 
work industriously, he would receive me into his office and furnish 
all the means necessary for my support during my three years' term 
of study, and in case I performed my duties faithfully, would, at the 
termination, claim no remuneration. I sfladlv acceded to his offer, 
and, engaging to return in a short time, left him. 

When at Albany, hearing of the new city of Troy, then just 
planned, I went to see it. I found a great number of streets staked 
out and named, with only three or four buildings of any kind, where 



An tobiograpliy. 



now stands a well built city, with, I suppose, twenty-five or thirty 
thousand inhabitants. 

When I got home and told my father what I had done he was 
decidedly opposed to the whole of my project. His chief objection 
was a strong dislike to my settling in the State of New York. The 
people of Connecticut had, from ancient time, entertained strong 
prejudices against the people of New York. In the early Indian 
wars they accused them of aiding the Indians by supplying them 
with muskets and ammunition. Besides, the Connecticut folks hated 
the Yorkers because they were Dutchmen and knew nothing of the 
Saybrook Platform. My father partook a good deal of the preju- 
dices of his neighbors, and felt an extreme reluctance that I should 
go and settle for life among the Yorkers. He said if I was resolved 
on studying law I might return to New Haven and study with Mr. 
Baldwin, and that he would pay my expenses. Mr. Baldwin is 
the father of the present governor of Connecticut. He was then a 
young man of much respectability, had been a tutor in college two 
or three years, and in the jiractice of law about one year. I felt a 
decided preference for returning to Albany, but being unable to 
overcome my father's reluctance I gave it up, and wrote to Major 
Scill, excusing my neglect to perform my contract on the ground 
of my father's refusing his consent; to which I received an answer, 
approving of my conduct. 

I soon went to New Haven, entered Mr. Baldwin's office, and 
lived in his family. Then, as at the present time, very little instruc- 
tion in the course of study was given in a private office. I spent a 
year in Mr. Baldwin's office reading pretty diligently. My time 
passed pleasantly ; I had access to very good society. He married 
a daughter of the celebrated Roger Sherman and lived near him. 
He had a family of children, — some near my age. I was often at 
the house, and very frequently saw Mr. Sherman. His reputation 
was then at the zenith. His manners, without apparent arrogance, 
were excessively reserved and aristocratic. His habit was, in his 
own house, when tea was ser\ed to company, to walk down from 



15 



CllAITER I. 



i6 



Chapter I. 



Memoir of yeremiah Mason. 



his study into the room, take a seat, and sip his tea, of which he 
seemed fond, and then rise and walk out without speaking a word 
or taking any manner of notice of any individual. In the street he 
saw nobody, but wore his broad beaver pointing steadily to the 
horizon, and giving no idle nods. Still, I fancy Roger Sherman 
was capable of the most adroit address when his occasion required 
it. Several years after this, being in New Haven, I met Mr. Sher- 
man in the street, expecting to pass by him unseen, as usual ; I was 
surprised by his stopping and kindly greeting me, requesting me to 
call at his house before I left the city. When I called, he received 
me most courteously and in a flattering manner congratulated me 
on my success in m\' profession, of which he said he had been 
informed. He then told me that, being a member of the old Con- 
o-ress of the Confederation during the time Vermont (in which 
State he erroneously supposed I was settled) was asserting against 
New York its claim to independence, believing the claim just, he 
had been an earnest advocate for it ; that during the pendency of 
the claim, the agents of Vermont often urged him to accept grants 
of land from that State, which he refused, lest it should lessen his 
power to serve them. Now, as their claim was established, and the 
State admitted into the Union, if the people of Vermont continued 
to feel disposed to make him a grant of some of their ungranted 
lands, as his family was large and his property small, he had no ob- 
jection to accepting it. I was sorry to be obliged to tell him that I 
belonged to New Hampshire and not to Vermont, but that living 
on the borders of that State and being much acquainted with many 
of the inhabitants, I would do what I could to have his wishes com- 
plied with. This I afterwards did by stating the circumstances to 
several influential men of Vermont. They readily recognized the 
merits of Mr. Sherman's services, and said he ought to have a 
liberal grant. But I never heard that anything was done in the 
matter, and presume his case made another item in the history of 
the ingratitude of republics. The time the Vermonters needed his 
services was passed. 



Autobioe^raphy. 



17 



As 1 have before stated, the time when I commenced the study 
of law was a period of extreme depression and poverty tliroughout 
the country. The war of the Revolution had exhausted all the 
resources of the country. For the want of an efficient National 
Government, trade and all other kinds of business remained stas- 
nant. The profession of law felt this depression severely. The 
State of Connecticut was overstocked with lawyers; most of them 
had but little business, with fees and compensation miserably small. 
The professional income of Pierpont Edwards, supposed to be the 
largest in the State, was said not to amount to two thousand dollars 
a year. Very few obtained half that sum ; my master Baldwin, 
with his utmost diligence, was scarcely able to maintain his small 
family, living in the most simple manner. Seeing the host of needy 
young lawyers, some with clever talents, seeking business with little 
or no success, I soon became satisfied that my prospect was exceed- 
ingly unpromising. The common opinion was that the prospect 
for success was much better in the neighboring States. In most of 
the States at that time, to entitle a person to admission to the bar, 
a term of study within the State was required. After maturely 
balancing the /roj and cons, I came to the conclusion, in the fall of 
1789, that it was best for me to quit Connecticut. My inclination 
was strong for New York, and I wished to renew my application to 
Major Scill, but I found my father still averse to it. I then jiro- 
posed Vermont. To this he made no objection.' I took a journey 
of exploration into that State. I there became acquainted with my 
Uncle Marsh and his family. He was Chief Justice of the Court 
of Common Pleas in Windsor County, had been Lieutenant Gov- 
ernor of the State, and was a man of much respectability. He was 
decidedly in favor of my coming to V^ermont. His son, my cousin 
Charles Marsh, had then just commenced the practice of law at 
Woodstock, and seemed to have a good prospect for business. The 

' Many of the settlers of Vermont, especially of the region of the Connecticut river, cmigrntcci 
from Connecticut, and were known to my father, lie had always been strongly in favor of the inde- 
pendence of Vermont, intlwcnced. perhaps, somewhat by his dislike of New V'ork. 



Cn.\p-1KR I. 



i8 



Memoir of yeremiah Mason. 



CHAI'IKK 1. 



country was new and rough, with tlie Xxi^t and bustle pecuHar to new 
countries. There were, at that time, few lawyers, comparatively, in 
the State, and still fewer of any eminence. There was an ample 
supply of law-suits involving land titles of considerable importance. 
I concluded, on the whole, that I should stand a better chance for 
success in Vermont than in Connecticut. I entered myself as a 
student in the office of Stephen Rowe Bradley, at Westminster; 
returned home ; visited New Haven, and took up my connections 
there and went back to Westminster the first part of the ensuing 
winter. I found General Bradley (that was his usual designation) 
an extraordinary character. He inherited from nature an ardent 
and sanguine temperament, with vigorous, natural powers of mind, 
and strong passions. He was graduated at Yale College in 1775, 
but his attainments from study were slender. His studies were 
irregular, as his capricious humors and inclinations directed ; with- 
out much refinement of any kind, he had an unconquerable love for 
broad humor and practical jokes, which he freely indulged on all occa- 
sions. He was an admirable story-teller, and was never more de- 
lighted than when he had an opportunity to set the rabble of a court- 
house or bar-room on a roar by one of his overwhelming droll sto- 
ries. With all this apparent lightness and indulgence in drolleries, 
he was persevering and efficient in action, rather deriving aid than 
suffering impediment from them. Many years after the time of 
which I am speaking, I heard the celebrated Mr. Giles of Virginia, 
in the Senate of the United States, when expressing his regret for 
the failure of a certain measure that had been attempted, attribute 
the failure entirely to General Bradley, who had then been a mem- 
ber of that body, saying that of all the men he ever knew, General 
Bradley possessed the most extraordinary powers in a deliberative 
assembly to defeat any measure he assailed. Among his other 
queer fancies he built a pulpit in his office, which was ample, ad- 
joined his house, and opened directly into a parlor, and also into a 
long piazza, so that a large audience might be accommodated. He 
occasionally notified meetings and had preaching in his pulpit. 



Autobiography. 



19 



On one occasion he gave out that Mr. Murray, the celebrated Uni- 
versalist, was to preach in his pulpit. This leathered a crowded as- 
sembly, when instead of .Mr. .Murray, an ordinary travelling Univcr- 
salist preacher whom he picked up, entered the pulpit. He was 
fluent, and delivered a flaming discourse on his favorite doctrine. 
Mr. Sage, the minister of the parish, an ardent young Calvinistic 
divine of the (3rthodo.\ sect, who had attended to protect the pu- 
rity of the faith, on the close of the discourse immediately chal- 
lenged the L'niversalist to a combat of polemic discussion. The 
Universalist promptly accepted the challenge ; General Bradley im- 
mediately arranged the combatants at two tables, and assumed a 
seat for himself as moderator to rule the debate and keep order. 
Sage assumed the part of assailant and the Universalist that of 
defender, and the battle began. For two long hours the moder- 
ator sat with imperturbable gravity, ruling the questions of order 
raised by the combatants, and sometimes suggesting questions him- 
self. This furnished him with an amjjle fund of amusement for a 
long time. 

He was extravagantlv fond of narratintr the fooleries he had 
practiced. He often told with great zest a hoa.x he had practiced 
on a poor man, by imparting to him, under solemn injunctions of 
secrecy, a recipe for making the fish called ba.ss out of bass-wood. 
He had a vast stock of stories of such like feats. His manners 
were popular, and such light conduct did not seem much to injure 
his respectability in the rude state of society then jjrevailing in 
that region. 

He professed to attach much importance to the Orthodox relig- 
ious faith ; and with a strong love for money, he suffered but little 
inconvenience from rigid principle of any kind. A short time 
before I entered his office, he had married his second wife, an 
amiable woman of lady-like accomplishments, who exerted a very 
favorable influence over him. I lived in the family, where all 
things were pleasant, and occasionally enlivened by agreeable com- 
pany. There was little or no good society in the place, nor was it 



Cii.\riKi! I. 



lo 



ClIAl'TER I. 



Memoir of ycremiah Mason. 



much better at Walpole, the village on the opposite bank of the 
river. 

There was then living in Westminster a lawyer of the name of 
Lot Hall (afterwards a judge of the Supreme Court of Vermont), a 
man of ordinary natural talents, little learning, and much industry. 
With him Bradley had long been at feud. As is usual with village 
feuds, where there can be but few objects to excite the feelings and 
passions, the mutual enmity had become so violent as to prevent 
all social intercourse. Justices of the peace had a large civil juris- 
diction which was final when under a certain amount of damages. 
Before these Justices' Courts a great deal of petty litigation was 
carried on. At these courts Messrs. Bradley and Hall often met, 
and held discussions not well calculated to soften or sweeten their 
tempers. Soon after I entered his office, Mr. Bradley, being obliged 
to be absent at the time of one of these courts, requested me to attend 
in his stead. I rather reluctantly consented, fearing that I should 
not be equal to the occasion ; but Mr. Bradley encouraged me by 
professing to hold his adversary in great contempt. I attended, and 
there argued my first cause, and won it ; with which both my client 
and I were well satisfied. Mr. Bradley was much gratified that I had 
beat Hall, as he termed it. He said his engagements were such as 
rendered it inconvenient for him to attend to these petty causes, and 
offered to give me the whole charge and management of all the 
business before the Justices' Courts, with all the fees in litigated 
cases, and one half the income (being the taxed costs) in the cases 
not litigated. The offer was grossly improper for him to make and 
for me to accept: my time ought to have been exclusively devoted 
to study. But I needed money, which I knew my father furnished 
rather reluctantly, felt pleased with the offer, which flattered my 
vanity, and immediately acceded to it and launched out into a sea 
of pettifogging. I continued in Mr. Bradley's office nearly a year 
and a half, during which I did a very considerable business under 
this agreement. I commenced a multitude of suits for the collec- 
tion of small debts, and often appeared as counsel in the petty liti- 



A7itobioo^yaf)Ji v 



21 



gation ill the Justices' Courts in Westminster and the adjoining 
towns. I certainly knew very little law, but that was the less 
necessary as most of my opponents knew not much more, and the 
judges 1 addressed none at all. Being tolerably lluent I got along 
pretty well. Whenever it was my fortune to meet Mr. Hall, I was 
careful to treat him with marked courtesy, to show that with his 
business 1 h.iil not adopted Mr. Bradley's quarrel. I often studied 
my little causes with sufficient diligence, and this premature at- 
tempt to argue causes helped me to gain confidence in myself; 
which was highly beneficial to me, for I was exceedingly diffident. 

The withdrawing bO much of my time and attention from regular, 
systematic study was doubtless injurious. But it put me early in the 
habit of relying on my own resources, and I am inclined to think 
that it was on the whole advantageous to me. It was, however, a dan- 
gerous course, and I would not advise any law student to follow it, 
if he had the opportunity. The money part of the arrangement 
did well enough during the eighteen months I pursued it. I had 
no occasion to call on my father for supplies ; my part of the 
emoluments of the business was more than sufficient to pay all my 
expenses, including my tuition-fee and the purchase of clothes, and 
also the purchase of a saddle-horse, which I kept nearly all the 
time. But this was in reality of no great importance tome, for my 
father had consented to pay my expenses and was well able to do it 
without any inconvenience. 

At the Court of Common Pleas held at New Fane in the county 
of Windham in June, 1791, I was admitted to the bar. By a statute 
of Vermont the term of study requisite for admission was two years 
within that State. I had studied more than two years in the whole, 
but only eighteen months within the State of \'ermont. The prac- 
tice of the Court was to refer to the members of the bar all aj^plica- 
tions for admission to it. The bar of that county consisting mostly 
of young men friendly to me, construed the statutes by equity in 
my case and recommended me for admission. The Chief Justice, at 



ClIAPTKR I. 



22 



Chapter I. 



Memoir of yeremiah Mason. 



the private suggestion of Mr. Bradley,' as I had reason to believe, 
opposed my admission on the ground of non-compliance with the 
statute, which he said the court was bound to inquire into ; but 
his two associates overruled him, and I was admitted. My object 
now was to fix on a place for commencing the practice of my pro- 
fession. The reputation of the State of Vermont was at that time 
low. A few years before the war of the Revolution an ancient con- 
test between the colonies of New York and New Hampshire, for 
the jurisdiction of the territory which now constitutes the State of 
Vermont, had been decided by the Royal Government of England 
in favor of New York. Most of the lands had been granted by New 
Hampshire, and nearly all the settlements had been made under 
those grants. The inhabitants were almost universally opposed to 
coming under the government of New York, and boldly deter- 
mined to resist that government by force. To effect this they as- 
sociated and organized a government by no authority other than 
their own. Although they successfully resisted New York, estab- 
lished their independence, and were admitted into the Union as a 
State, yet they labored under the reproach of having originated a 
rebellion which they sustained by a course of measures of a mob- 
bish character, tending to the destruction of all elevated and noble 
principles. Their courts were badly organized and usually filled 
with incompetent men.^ Most of the members of the bar were 
poorly educated, and some of vulgar manners and indifferent 
morals. Besides, a large portion of the inhabitants were new set- 
tlers and poor, and of course not desirable clients. Casting these 

' My reason for believing that Mr. Bradley made this suggestion, was that when I requested 
him to propose me for admission, he advised against it, and recommended to me to rem.iin six 
months longer in his oftice. He said he would propose me if I persisted in requesting it, but that 
I should in all probability be refused. I told hiri the bar would recommend me to the court. He 
answered that the court would not comply with such recommendation. I felt confident that he had 
no doubt that the court would comply with the recommendation of the bar if I had the aid of his 
influence. Besides, this sinistrous course was congenial to the man. 

- To this observation the now venerable Nathaniel Chipman forms an illustrious exception. He 
had lately been appointed Chief Justice to the Supreme Court. He was a sound lawyer and able 
judge, and although he held the place for but a short period he did much to reform the courts of 
the .State. He is still living, and may be justly styled the patriarch of the Vermont bar.* 

* Judge Chipni.in died in 1S43. 



Autobiography. 



circumstances over, I began to doubt whether I had best pitch my 
domicil in Vermont, and entertained serious thousrhts of trans- 
ferrmg my allci^iancc to the State of New Hampshire. This latter 
State had age in its favor, with an apparently more stable and better 
organized government, more property, and was in all respects in 
higher repute than Vermont. The courts of the two States were 
nearly on an equality as to learning and talent, but those of New 
Hampshire had greatly the advantage in point of purity and integ- 
rity. The bar of New Hampshire also were more orderlv. better 
educated, and of better manners. I had become acquainted with 
several members of the bar in the county of Cheshire in New 
Hampshire, who assured me that if I was disposed to come into 
that county, there would be no objection to my admission. 

It happened at that time that a Colonel .Moore, who had been 
for several years in the practice in the town of Westmoreland, where 
he owned a small farm on which he lived, had become desirous of 
removing into the District of Maine. Hearing of my inclination 
to come into the State of New Hampshire, he applied to me and 
offered to sell me his farm, and with it to resign to me his busi- 
ness. On inquiry, I found he had a considerable run of business, 
and his stand was thought to be a good one, there being no other 
lawyer near it. I agreed to accept his offer on condition that I 
should be admitted to the bar in New Hampshire. Admission in 
that State was regulated by the rules adopted by the bar. They 
required three years' study within the State; but they were con- 
strued liberally, and the studying within the State had sometimes 
been dispensed with. At the Court of Common Pleas at Charles- 
town, 1 791, I applied and was admitted without any difficulty. For 
this I was indebted to the good offices of Mr. West, who was pre- 
eminently at the head of the bar of that county. Thinking myself 
very kindly treated by the bar, I in return gave them a brave sup- 
per at which no small c|uantity of wine and some wit were e.\- 
pended. At my request the venerable Judge Champncy of New 
tpswich presided, and at a late hour, when we had become suffi- 



^l 



Chapter I. 



24 



Chapter I. 



Memoir of yeremiah Mason. 



cicntly inspired, he called on me to stand forth, and delivered me 
a charge, accompanied with the right hand of fellowship. All 
passed in due form according to the taste of the day, and much to 
the amusement of the company. 

I immediately made a journey home, and obtained from my 
father what money he had on hand, amounting to several hundred 
dollars, — which he readily gave me, as it was to be laid out in land, 
which he always deemed the best use for money, — and came back 
and completed my bargain with Colonel Moore. My purchase 
consisted of about one hundred acres of land, with a plain and 
simple cottage on it, standing on the bank of Connecticut river. 
The price was about $1,500. I gave him what money I received 
of my father, and for the rest assumed a mortgage that he had 
given on the land. There was a family in the house, which fur- 
nished me with simple lodgings and boarding. I kept my office 
in a small room of the house for a "short time, and then removed 
it into an adjoining building, that had been occupied for a trader's 
store, which I purchased. The situation was very retired but 
rather pleasant ; no neighbors near and nothing like a village in 
the town. 

Thus, on the 30th of September, 1791, when twenty-three years 
of age, I found myself settled down for the practice of my profes- 
sion. I knew my stock of law learning was small. That I firmly 
resolved to increase to the utmost of my power. I had supplied 
myself with lawbooks sufficient for present use, and went earnestly 
to work with them. The determination to do this was what rec- 
onciled me to the solitariness of my situation. The inhabitants 
of the town, with the exception of the clergyman, consisted of 
rough, uncultivated farmers. They, or rather a select number of 
them, were in the habit of meeting together at each other's houses 
and having carouses. Of these high-goes my predecessor. Colonel 
Moore, was extravagantly fond, and indulged in them to great ex- 
cess. He had been educated at Cambridge College, was of the 
class of 1782, at which time that institution was more distinguished 



A u tobiograpJiy. 



25 



L 



for producing good fellows than good scholars. He had procured 
the establishment of a lodge of Freemasons in the town, of which 
he was the Master. With much benevolence of disposition, he 
was very dissipated and very popular. He earnestly advised me 
to join the lodge, and associate freely with the inhabitants. I went 
to several of their parties, and. fortunately for me, was disgusted 
with their coarse wit and rude manners. To get out of the 
scrape, I gave them as good a treat as I could at my cottage, and 
had no more to do with them, assigning for my excuse, that my 
time was so entirely occupied with my business and my studies, 
that I had none to spare. From the Masonic lodge I kept free. 

Small professional business flowed in upon me in great abun- 
dance. There were four courts of Common Pleas held in the 
county each year. 1 see by my old dockets that during the first 
year of my practice, I commenced two hundred and two suits at 
the Common Pleas, and in the second year two hundred and forty- 
seven, and in the third year two hundred and fifty-seven. Besides 
these, a vast many writs were issued, returnable before justices of 
the peace. 

Before the end of the first year, I admitted into my office two 
young collegians,' as students at law. I was aware of my incompe- 
tency to direct their studies, and frankly told them so; but they 
persisted in their request, and I assented. My law library, though 
small, was, I believe, as good as any in the county. They were 
soon able to a.ssist me much in the formal writings in the office. 
During the three years I continued in Westmoreland, although a 
considerable portion of my time was necessarily taken up with the 
multiplicity of small business in my office, I studied with more dil- 
igence than I ever did at any other period of my life. I was duly 
sensible of the necessity of it, and what increased my conviction 
of it was inability to answer, to my own satisfaction, the inquiries 
sometimes put to me by the young men under my direction. 

Having acquired some little knowledge of the way of managing 

' F.rasmtiH lluttcrficld and William Thurston. 



ClIAI'TKR 1. 



26 



Memoir of yeremiah Mason. 



Chapter I. 



causes while a student in Vermont, with a good deal of conceit I 
determined to begin immediately to argue all the causes I com- 
menced, and others in which I might be engaged, both in the Com- 
mon Pleas and Superior courts. Fortunately for my hazardous 
undertaking, law learning was, at that time, in a very low state in 
the New Hampshire courts. My first cause was an appeal from the 
judgment of a justice of the peace in the Common Pleas. Judge 
Newcomb, an old practicing lawyer, had then lately been appointed 
Chief Justice. I was for the plaintiff, and, on introducing my evi- 
dence, the Chief Justice ruled against me on my own evidence. I 
insisted on arguing the case to the jury. Mr. West, who was for 
the defendant, declined to argue it after so decided an opinion in 
his favor. I went on with my argument; the Chief Justice charged 
strongly against me, but the jury gave a verdict in my favor. This 
was final and conclusive, the court then having no power to set 
aside verdicts of juries. This was, of course, highly gratifying to 
me, and tended much to confirm me in my adventurous resolution. 
At this time the Legislature was in the practice of frequently in- 
terfering with the business of the courts, by granting new trials and 
prescribing special rules for the trial of a particular action. A ludi- 
crous instance of the exercise of this sovereign power occurred early 
in my practice at Westmoreland. A poor man was accused of hav- 
ing stolen two small pigs of a neighbor, who applied at my office 
for a prosecution for larceny. Doubting whether the taking of the 
pigs under the circumstances amounted to stealing, one of my stu- 
dents, to whom in my absence the application was made, advised to 
an action of trover ; this was commenced, in which the two pigs 
were alleged to be of the value of one dollar. The deputy sheriff, 
in serving the writ, finding nobody at the defendant's cottage, left 
the summons safely placed between the door and the sill, which the 
plaintiff, living near, saw done. As soon as the sheriff was out of 
sight, the plaintiff went and stole away the summons. Unluckily 
for him, this was seen by a person at a distance. The action was of 
course defaulted, and the first news the defendant had of it was an 



Aiitobiog^raph v. 



27 



execution. He made a j^rcat outcry, and soon ascertained that the 
^urnmuns had been stolen. He came to me with his complaint, and 
I uttered him to have the judgment and execution canceled, and to 
let him have a trial for the pigs. This he rejected with contempt, 
and forthwith applied to the Legislature, then in session, for a rem- 
edy for his grievance. The Legislature, without notice to the op- 
posite party, immediately passed an act directing the magistrate to 
cite the plaintiff before him, set aside the default and try the action, 
and to allow to either party an appeal. The plaintiff was cited, and 
I appeared for him, and denied the power of the Legislature to pass 
the act, and went into an argument on the constitutional restraints 
of the legislative power. This was answered by the opposing coun- 
sel, by {wrtraying the audaciousness of the attempt of an inferior 
magistrate to question the power of the supreme Legislature. But 
the justice, having been an officer in the Revolutionary army, and 
being desirous of sustaining his reputation for courage, which stood 
high, promptly pronounced the act utterly void, and refused to obey 
it. .An appeal was claimed and disallowed, the justice saying that, 
as the whole proceeding was void, he h.ad no rightful power to re- 
cord a judgment or grant an appeal. Thus ended the first act of the 
farcical drama. The defendant, nothing discouraged by his ill luck, 
obtained from the sovereign Legislature, at its next session, an act 
directing the Court «)f Common Pleas to try the defaulted action. 
There the parties again met, and, after due argumentation and de- 
liberation had, that court determined they would do nothing with it. 
Hy this time the pig action had gained extensive notoriety, and 
tended much to bring such special acts of the Legislature interfer- 
ing with the regular course of the courts of law, into ridicule and 
deserved contempt. 

Having no intention of remaining long at Westmoreland, I did 
but little in improving my farm. I made a small garden, and 
planted out a few trees for fruit and shade. I took no oversight of 
mv farm, which was left entirelv to the farmer who had charsie of it. 
I had no time for it, had I been inclined, I was so fully occupied by 



ClIAPTER I. 



28 



Chaiter I. 



Mejnoir of yeremiah Mason. 



my studies and my business. My income from my business, though 
not large, yet far exceeded my expectation, and, in that particular, 
I felt tolerably well satisfied. But I became tired with the solitari- 
ness of my situation, and, late in the fall of the year 1794, I re- 
moved to Walpole, six miles higher uj) the river. This was a brisk, 
active village, with several traders, and many industrious mechanics, 
and two or three taverns, in one of which I took lodging for a short 
time, when I engaged a clever house, and small family to keep it, in 
which I lodged and kept my office. Walpole was, at that time, a 
place of more business than any in that vicinity, and was much 
resorted to by the people of the neighboring towns. There was also 
a considerable travel from a distance, passing on wJiat was called 
the great river road, so that my situation here seemed cjuite a con- 
trast to my former solitude. The inhabitants of that part of the 
valley of the Connecticut river were then just passing from the 
rude and boisterous manners of first settlers to a more civilized, 
orderly, and composed state. There was more motion, life, and 
bustle than in the older parts of the country. 

A set of young men, mostly of the legal profession, extending 
from Greenfield, in Massachusetts, to Windsor, in Vermont, a dis- 
tance of fifty or sixty miles, were much in the habit of familiar 
intercourse for the sake of amusement and recreation. 'J hey occa- 
sionally met at village taverns, but more commonly at the sessions 
of the courts, and freely indulged in gambling, excessive drinking, 
and such like dissipation. The most of them were gentlemanly in 
manners, and some talented. I rejoice that I am able to say with 
truth that I did not belong to them, and never associated with them 
in their dissipations ; my poor friend. Colonel Moore, who had been 
a leader among them and was already ruined, served me as a warn- 
ing beacon, — added to this was the friendly advice of Mr. West, for 
whom I early entertained the most reverential esteem and respect. 

Mr. West was by far the first, best lawyer, and, in all respects, 
the most respectable man in that region of country. He was edu- 
cated, I believe, at Princeton College, New Jersey, and commenced 



A It tobiography. 



29 



the practice of law at Charlestown before the close of the Revolu- 
tionary War. He had good natural powers of mind, a quick and 
clear perception, a delicate taste, highly refined, a sound judgment, 
and lively imagination. His style of speaking was simple, natural, 
smooth, and mild ; always pure and neat, and sometimes elegant, 
with a good person, clear and pleasant voice, much earnestness and 
api)arent sincerity, — he was, altogether, a most persuasive speaker. 
In arguing cases of complicated and doubtful evidence before a 
jur)', I have seldom, if ever, heard his superior. In the discussions 
of questions of law, and in argumentation of mere abstract proposi- 
tions, he was less powerful ; indeed, for the discussion of questions 
of law, he was deficient in law learning. This he was fully sensible 
of, and attributed it to his having quitted the study when he began 
the practice of the law. He said the elder Judge Livermore, who 
had been Attorney General of the province before the Revolution, 
was Chief Justice of the .Supreme Court ; that, having no law learn- 
ing himself, he did not like to be postered with it at his courts ; that 
when he (Mr. West) attempted to read law books in a law argu- 
ment, the Chief Justice asked him why he read them ; if he thought 
that he and his brethren did not know as much as those mustv old 
worm-eaten books .■* Mr. VV'est answered, " These books contain the 
wisdom of the ancient sages of the law." The reply was, " Well, 
do you think we do not understand the principles of justice as well 
as the old wigged lawyers of the dark ages did .' " and thus his law 
books were laughed out ol court. This was surely but poor encour- 
agement for the dry study of law books. 

Mr. West was remarkable for his modesty and diffidence ; he 
never rose to speak, on any important occasion, without such excite- 
ment as caused a nervous tremor. I have heard him say that his 
feelings, arising from diffidence, were so distressingly oppressive, 
that he never rose, on such occasions, when he would not willingly 
have given three times the amount of his fees to have been excused. 
He was a member of the Convention of New Hampshire for adopt- 
ing the Constitution of the United States, where, from his known 



CHAFl'tR I. 



30 



CHAI'TEK I. 



Memoir of yeremiah Mason. 



talents, much was expected from him. There was much discussion, 
and the result, about which he was very anxious, was a long time 
held in doubtful suspense ; yet, though strongly urged, such was 
his diffidence that he could not be induced to speak. 

In social intercourse his manners were simple, but always cour- 
teous and urbane. He had a delicate and refined wit, and was fond 
of it in others; his manner of living was simple, exceedingly neat, 
and approaching to elegance;, he indulged in a liberal hospitality, 
entirely free from all ostentation. In short, he was a gentleman in 
the true and best sense of the term. 

Soon after I removed to Walpole, Joseph Dennie, who had 
studied law in Mr. West's office, and had just been admitted to the 
courts, came to reside in that village under the pretense of practic- 
ing law. His legal knowledge consisted wholly in a choice selection 
of quaint, obsolete, and queer phrases from " Plowden's Commenta- 
ries," the only law book he had ever read with any attention, and 
this was read for the sole purpose of treasuring up in his memory 
these quaint phrases. These he often repeated in ridicule of the 
law, to the great amusement of his auditors. He was the most 
aerial, refined, and highly sublimated spirit it has ever been my hap 
to meet with. He was graduated at Cambridge University, and 
was of the class of i 790, and, against his own inclination, by the 
urgent advice of his friends, he undertook to study law. With a 
2:ood share of native sfenius, he had a delicate and accurate taste, 
much cultivated by an ardent study of the English classics, with 
which he v/as thoroughly imbued. His language in common con- 
versation, without any appearance of stiffness or pedantry, was 
always pure and classical. He early determined on the life of an 
author, and he deemed it necessary to avoid the use of low or 
vulgar language in conversation, in order to be secure against it in 
writing. Highly excited by reading Gibbon's " Decline and Fall 
of the Roman Empire," he determined (to use his own language) 
" to essay " the history of his own country. His powers of conver- 
sation were of the highest order. He had a slender and feeble 



A u foiuos^ri iphy. 



frame, and was often depressed by bad health ; but when in good 
health and spirits, I think I have never known a more eloquent and 
delightful talker. 

Shortly after he came to Walpole, he commenced writing in a 
village newspaper, published there under the title of the " Farmer's 
Museum," I think. His articles attracted attention, and soon 
gained for the jiaper an extensive circulation.' Colonel Pickering, 
when Secretary of State, appointed him to a clerkship in that depart- 
ment, the duties of which (as I understood) were to superintend and 
correct any inaccuracies he might find in language and style of the 
correspondence of the office. With this apjjointment, which was 
made on the recommendation of his friends, he was highly gratified. 
lUit his miserable habit of procrastination prevented his going on to 
the seat of government till Colonel Pickering, on account of his 
misunderstanding with President Adams, had quit the office. He 
was succeeded by Chief Justice Marshall, who, finding this clerkship 
vacant, and being informed that Mr. Dennie had been apjjointed to 
it, wrote to him inquiring whether he intended to accept it. He 
answered in the affirmative, and promised to come on in a few days. 
Hut he still procrastinated, till Judge Marshall, under the influence 
of kindly feelings toward him, wrote again, saying, if he did not 
make his appearance by a certain day named, the place must be 
filled by a new appointment. Poor Dennie's evil genius still pre- 
dominated ; the dav passed without his going on, and the place was 
lost. A few years afterward he removed to Philadelphia, where he 
established a periodical under the title of the " Portfolio," which 
was sustained mainly by his pen. This publication had a broad 
circulation, and his writings in it were highly esteemed by the 
most competent judges, for their pure, classical taste. He found 
little congeniality among the Philadelphians ; and, with the excep- 
tion of a few accomplished women, to whom he allowed great deli- 

' His politics were in the highest lone of the W.-uihin(;ton Federal school. His .-irliclcs c.imc 
out under the signature of "The I.iy Prcichcr."' .M one time he h.id .i fnnciful notion of takin); 
orders in the Episcopal Church, lie ofHcijtcd a few limes .vs .1 l.iy reader in the church at Cl.itc- 
mont. 



ClLAlTER I. 



32 



Memoir of yeremiah Mason. 



chai'ter I. cacy of taste, he utterly denied all their claim to any kind of literary 
merit. 

After suffering severely from ill-health, he died in 1811 or 1812. 

Royal Tyler, afterwards Chief Justice of Vermont, at the time of 
which I am speaking attracted much attention in that part of the 
country. He was graduated in Harvard in 1776, and entered at 
once, with great zeal and zest, into the dissipated habits and man- 
ners which at that time characterized the young men of Boston. 
Havins suffered both in character and fortune, he removed to Guil- 
ford, adjoining Brattleborough, in Vermont. With respectable 
natural talents, he had a brilliant wit and great powers for amusing 
conversation. He moved freely in the society of young men. 

Another extraordinary character of that time and region was 
John W. Blake of Brattleborough. His manners were easy, grace- 
ful, and most agreeable. He was fluent ; had an inexhaustible fund 
of anecdote, which made him an enticing and pleasant companion. 
But he was ruined by dissipated habits. 

Another of the extraordinary men who then ranged that country, 
was William Coleman,^ afterwards so greatly distinguished as the 
editor of the " New York Evening Post," under the patronage of 
General Hamilton, that his opponents gave him the title of Field 
Marshal of Federal Editors. He was of very humble origin, having 
been born in the Boston poor-house. By great industry and perse- 
vering diligence, he acquired a good education. As a lawyer he was 
respectable, but his chief excellence consisted in a critical knowl- 
edge of the English language, and the adroit management of polit- 
ical discussions. His paper for several years gave the leading tone 
to the press of the Federal party. His acquaintances were often 
surprised by the ability of some of his editorial articles, which were 
supposed to be beyond his depth. Having a convenient oppor- 
tunity, I asked him who wrote, or aided in writing those articles. 
He frankly answered that he made no secret of it ; that his paper 
was set up under the auspices of General Hamilton, and that he 

1 lie lived at Greenfield. 



Autobiography. 



00 



assisted him. I then asked, "Does he write in your paper?" 
•• Never a word." — " How, then, does he assist .' " His answer was, 
" Whenever anything occurs on which I feel the want of informa- 
tion, 1 state the matter to him, .sometimes in a note. He appoints 
a time when I may see him, usually a late hour of the evening. 
He always keeps himself minutely informed on all political matters. 
.\s soon as I .see him, he bcijins in a deliberate manner to dictate, 
and I to note down in short-hand" (he was a good stenographer); 
" when he stops my article is completed." At that time the first 
and ablest men in the countr)- directed the course of the political 
pres.s. They have now withdrawn from it. and left it with the ed- 
itors, whose chief object is pecuniary profits. This accounts for 
the dirterence between what it was then and is now. 

In the autumn of 1795, being in Boston, I was applied to by 
Oliver Phelps, the great land speculator, and others to go to \'ir- 
ginia, to examine into the circumstances attending a contract for a 
large tract of Virginia land, that had been conditionally entered 
into, with pt)wer to ratify it. if deemed e.xpedient, or else to set it 
aside and substitute another contract in its stead. The passion for 
land speculation at that time ran high. I had had no previous 
knowledge or acquaintance with such business, and did not feel 
competent for it. A liberal compensation was promised me, and I 
undertook the agency and set out on my journey. When I got to 
Philadelphia, the session of Congfess had just commenced, and I 
heard President Washington deliver his speech. He was in full 
dress, with hair in bag, and side arms on, and seemed to me better 
to represent dignity and majesty than any one I had ever seen. 

At Richmond I .soon ascertained that no manner of reliance 
(ould be placed on the performance of the contract I was to inves- 
tigate. The contractors were found to be entirely irresponsible. 
Uf course I declined to have anything to do with them. My in- 
structions were, if that contract failed, to make another with some 
responsible person, that might be substituted in its place. For this 
|)urpose I entered into a negotiation with the celebrated General 
S 



C'lIAllKK I. 



34 



Chapter I. 



Memoir of yeremiah Mason. 



Henry Lee, then Governor of Virginia, and made with him a con- 
ditional contract. This made mc much acquainted with him. 
This was soon after he had commanded, under the appointment of 
General Washington, the troops called out for the suppression of the 
Pennsylvania Whiskey Insurrection, when he was at the height of 
his reputation. He was remarkable for his fine manners and great 
address; was a gallant soldier, and a great favorite of General Wash- 
ino^ton. The General Assembly of Virginia was then in session. 
The country was much excited on the subject of Jay's treaty with 
Great Britain, and the debates in the House of Burgesses, as they 
called their representatives, were exceedingly ardent. \\' ashington, 
with the advice of the Senate, had ratified the treaty. Virginia 
was opposed to it. An address had been moved complimentary to 
General Washington, who was about to retire from the presidency. 
Anions other things, it mentioned " the wisdom of his administra- 
tion." This was assailed with great virulence; the truth of the 
assertion that his administration had been wise was denied. There 
was a great display of metaphysical hair-splitting ingenuity of rea- 
soning. During the debate I dined with the Governor, with a large 
company, consisting of the leading men of the Legislature. Know- 
ing, from previous conversation, what my answer would be, he in- 
quired of me in an emphatic manner, that brought the attention of 
the company upon me, what was the popular opinion in New Eng- 
land relating to the treaty. I answered that the first impression had 
been unfavorable, but that there had been a great change in public 
opinion, and that I thought a majority of the people were in favor 
of it. The vote of the Boston town meeting, almost unanimous ^ 
against the treaty, which had been sent to General W'ashington, 
was cited against me. I had no answer satisfactory to the company. 
I could only assert that the Boston town meeting was no better 
than a mob, and that the country would not follow it. That even- 
ing I received by the mail a New Hampshire newspaper, containing 

1 Joseph Hall, since Judge of Probate, was the only person that dared speak in favor of the treaty, 
and I have heard him say that he did it at the peril of his life. The meeting was in Faneuil Hall, 

and a loud cry was raised to throw him out of the window. 



Autoluoo}'iif^Ji V. 



^:y 



Governor (jilman's speech to the Legislature, and their answer 
approving of the treaty and its ratification in strong terms. I was 
erv4 i.;ed to dine the next day at another place, where I knew I 
^h ■ u.j meet most of the same company. I put the paper in my 
pocket, and took the first opportunity to read it, and told them they 
might look out for a similar declaration from the Governor and 
Legi>lature of Massachusetts in a few days. I felt sustained in my 
o[)inii>n of the previous day, and the friends of the treaty seemed 
much gratified. I saw a good deal of the great men of Virginia, 
and, among others, became .somewhat acquainted with Hushrod 
W.nshington, afterwards a judge of the Supreme Court of the 
United States. He was then a practicing lawyer in Richmond. 
When about to leave Richmond, I was requested to receive a 
p.ickage addressed to (ieneral Washington, and deliver it to him 
personally. At I'hihuklphia, I called with the package at the 
President's house, and inquired for Mr. Dandridge, his private 
secretary, who showed me into a room, saying he would inform the 
President. In a few minutes General Washington entered the 
room. I immetliately presented the package, saying I had received 
it at Richmond with directions to deliver it to him. He pointed 
me to a seat, sat down him.self, and opened the package and began 
reading. He soon turned towards me and inquired when I left Rich- 
mond, antl when it was expected the \'irginia Legislature would 
rise. He then said something about New Hampshire, by which I 
saw he had learned from the package that I was a Yankee. .As I 
rose to leave, he rose and asked me when I should leave the city. 
I answered immediately, and made my best bow. As I rose I saw 
he measured my height with his eye. I stood erect to give him the 
whole of it. It obviously exceeded his. This was the only time I 
ever saw General Washington, except when addressing Congress. 
His dress was quite plain; I supposed it to be his riding dress. 
Long boots, corduroy smalls, speckled red jacket, and blue coat 
with yellow buttons. I am thus minute, because I deem the most 
trifling circumstance relating to him interesting. I have never 



ClIAlTF.R I. 



Chapter I. 



Memoir of yeremiah Mason. 



doubted tliat he was by far the best and greatest man that I have 
ever seen ; as a public man he approached as near perfection as it 
is iDOSsible for human nature to do. With me it constitutes one of 
the strongest illustrations of the innate depravity of our nature, 
that a large portion of his countrymen, who, without his aid, would 
probably never have had an independent country, reviled him 
when living, and, after his death, when the unanimous voice of the 
whole civilized world compelled them to acknowledge his virtues 
and his wisdom, have churlishly and foolishly refused to follow his 
example or his precepts. 

I was in the House of Representatives when Mr. Ames made 
his great speech on the British treaty negotiated by Mr. Jay. It 
was a most masterly display of the highest kind of eloquence. Af- 
ter the House had been fagged and tired almost to death with 
discussions by the most talented men in the nation, and nauseated 
with the subject, he revived and excited the highest state of feeling, 
and was heard with the most profound interest. Such was the ob- 
vious effect on the feelings of the House, that on his sitting down 
and nobody rising to answer, and the question being about to be 
put, one of the opposition (I think Mr. Giles) moved an adjourn- 
ment, saying that under such feelings, the House was incompetent 
to act wisely or safely. I afterward had the good fortune of seeing 
and hearing Mr. Ames converse several times. All who knew him 
allowed him to be the most delightful man in the world. With 
much genius, he had the purest moral and critical taste. As is 
commonly the case with men of high powers of imagination, he 
dealt little with logical reasoning, but leapt to his conclusions, as it 
would seem, by intuition. 

My agency in Virginia was thought by those interested in it, 
to have been judiciously executed. It made me acquainted with 
many of the land jobbers, who were then numerous. I was offered 
other agencies, and urged to enter extensively into the business. 
At first I thought favorably of it, and agreed to undertake several 



A u tobios[7'apJiy 



agencies in land sales. But 1 soon sawenouijh to satisfy me that it 
was a fallacious, nmonshine business, and withdrew entirely from it. 

I had, as 1 then supijosed, acquired considerable profit from it, 
but in the end it mostly failed. I had a connection with Ephraim 
Kirby of Connecticut, which involved me in a troublesome and 
expensive litigation, in settlement of which 1 became surety for 
Kirby ; he died soon after insolvent, and 1 was obliged to pay sev- 
eral thousand dollars to get rid of my liability, for which his estate 
only partially indemnified me. This drawback nearly balanced my 
account of profits in land agencies. 

By this time I had become dissatisfied uiLu my situation on 
Connecticut river. The inhabitants were comparatively poor. I 
had business enough, but the most of it was of a small kind. I 
wanted a broader field of action, and to be nearer the great world. 
I felt a strong liking for Boston, but considering the high reputa- 
tion and crowded state of the Boston bar. I dared not attempt to 
intrude myself on them. I thought ver}' seriously of going to New 
York. Having been introduced to Colonel Burr, then at the height 
of his reputation, and favorably noticed by him, 1 explained my inten- 
tion to him. He, with much apparent sincerity, strongly advised my 
coming to New York ; said he had no doubt of my success, and 
promised me his patronage. He advised me at all events to quit the 
State of New Hampshire, which he said could never come to any- 
thing ; that New York would soon supplant \irginia and govern 
the Union. I knew that he was in the habit of drawing young men 
round him, taking them under his patronage, and converting them 
into political partisans. This greatly lessened the influence of his 
advice. 

I thought favorably of Portsmouth, and went there in the spring 
of 1 797 on a visit of exploration. Hdward St. Loe Livemiore, 
who had been at the head of the Rockingham bar, had just ac- 
cepted a seat on the bench of the Supreme Court. This made a 
fair opening. The other professional men in that town were not 
very efficient. Portsmouth was at that time a place of vastly 



Chapter I. 



38 



Chapter I. 



Memoir of yeremiah Mason. 



o-reater comparative importance than at present. It contained 
many highly respectable families, and good society was an impor- 
tant object with me. I had acquired a little reputation in the 
courts of New Hampshire, and thought I could take a share of 
business at Portsmouth, and seriously doubted how that might be 
at New York. I knew that Judge Smith was about resigning his 
place in Congress, with the determination of settling himself in the 
practice at Exeter. I did not consider that any objection to my 
plan, and after mature consideration I removed to Portsmouth the 
ensuing summer. 

I attended the autumn courts of the two large counties of Rock- 
ingham and Stafford in 1797, then containing nearly a hundred 
thousand inhabitants, and was pretty extensively retained. 



CHAPTER II. 

Rem.irks on tlu Autobio:;raphy. — Mr. Mason's rcmovnl to I'orismoulh. ^ His 
M.irrLijjc. — His I'rofcssion.il Success. — .-Vppoiiited Attorney Oener.il of New 
H.mipshire. — Friendship with Mr. Webster. — Mr. lyinl's Reminiscences. 

Ml\. MASON'S simple and characteristic autobioi;raphy, bring. ' ChaiterII. 
ing the record of hi.s life down to i 797. leaves little to be said 
by his biographer, either in addition or illustration. He was correct 
in his belief that he was descended from Major John Mason, one of 
the early settlers of Connecticut, distinguished for his gallantry and 
success in the Fequot War in 1637. His third and youngest son, 
Daniel, was the grandfather of .Mr. Mason's grandfather.' 

The town of Lebanon, Mr. Mason's birthplace, has changed but 
little since he was born. Its inhabitants were and are mostly far- 1 
mers, neither rich nor poor, and owning the land which they till. 
It is a good specimen of the agricultural towns in New Hngland. 
On this |)oint I am able to speak from |>ersonal observation, for in 
my early childhood it was my fortune to pa.ss nearly two years there, 
in the family, and under the charge of the Rev. Zebulon Ely, of 
whom Mr. Mason speaks. I well remember the brick school-house 
there, for I have sat many hours on its benches, attending school by 
day and religious meetings by night; and I heartily agree with Mr. 



' There WA» .1 in -<iii^ imk in ihc KencaI'»Ky "f the Minon f.unily. .in-m^ It' m Vic Uct that D.iiiicl 
M.vton. sun nf M.ijur John Ma.'ion, in the Indi.in Iroiible." of 1676. sent )ti-, wile, for her expected con- 
finement, to her friend* in Rojttiiiry, where her son Daniel w.is l> i.in,' of ih.il yc.ir, .ind 
b.iptiicd by the Indi.in apostle Kliol. This was discovered by the 1 : the Kev. (1. K. Elli.s, 
O. !>., which service Nfr. Mason acknowledged by a hancbomc cup) ui an Engli>h edition of the 
Kible in qu.irto. 

The farm on which >tr. M.t.son was tH>rn w.\s given to his ancestor by Uncas, chicfof the Muhcgan 
tribe, and remained m the |>osse^Hion of the family till 1S31. 



40 



Memoir of yereiniah Mason. 



Chapter II. 



Mason in condemning the bad taste which destroyed this substan- 
tial and serviceable structure, and supplied its place with a fabric 
of wood. 

Mr. Ely, my teacher, was one of those old school New England 
clergymen of whom few are now to be found, and those only in 
secluded villages. He was a rigid Calvinist in doctrine, but his 
natural temper was kindly, and I felt for him the love which cast- 
eth out fear. I suppose his attainments to have been moderate. 
He could have had but small Latin and less Greek. His whole 
library, as I recall it, might have been transported in a wheelbarrow. 
I had but little of teaching or training under his charge ; but he gave 
me a knowledge of the Bible for which I shall ever hold his memory 
in grateful reverence. The good old man was mighty in the Scrip- 
tures. To his simple faith the events and the characters of the 
Bible were as real and distinct as the scenes of his own life and the 
men and women of his own parish. There was no cloud of doubt 
in his sky. The word of God was the object of his daily and rever- 
ent study, and not only his sermons but his letters and his common 
speech had a large infusion of the language of the Bible. 

Upon a salary of less than five hundred dollars a year, aided by 
a small farm and the tuition fees of a few pupils, he reared a family 
of twelve children, and left a comfortable property at his death. 
One of his sons, the Rev. Ezra Stiles Ely, a graduate of Yale Col- 
lege, and a clergyman in Philadelphia, was a man of some note in 
his day, and has been saved from oblivion by a few lines in Alli- 
bones " Dictionary." 

The people of Lebanon retained in my time the traits which Mr. 
Mason has recorded as belonging to them a half a century before. 
They were earnest theologians, cherishing the creed of the early 
fathers of New England, with lives as strict as their doctrine was 
austere. Owing to the influence of the Trumbull family, which had 
long been settled there, the standard of cultivation and manners 
was, I apprehend, somewhat higher than in other towns of the same 
class in that region. The common conversation of the people had 



His Professional Life. 



41 



a stront; theological flavor ; and many a discussion on " fixed late, 
fret-wiil, foreknouled'^e absolute." by me imperfectly understood, 
have I heard on Mr. Elys porch, and around his frugal board. 

The Sabbath, beginning at sunset on Saturday and closing at the 
same hour on Sunday, was kept with Jewish or Puritan strictness. 
I remember being reproved one Sunday, just at the close of day, by 
one of Mr. Ely's daughters for throwing a stone, and reminded that 
the sun was not set ; and that, child as I was, I puzzled myself with 
the inquiry why an act that was wrong before set of sun was right 
after it. 

Mr. Mason was in his thirtieth year, and had been six years at 
the bar when he removed to Portsmouth. He had found sufficient 
professional employment from the start. As he has stated in his 
autobiography, in the first year after his admission to the bar he 
had entered two hundred and two suits at the Court of Common 
Pleas, two hundred and forty-seven in the second, and two hundred 
and fifty-seven in the third; besides a large number returnable be- 
fore justices of the peace. Most of these were probably suits for 
the collection of money, which took care of themselves after being 
once entered upon the docket. This was the usual course of busi- 
ness in those days, as money was scarce, and debtors were willing 
to pay a bill of costs for the privilege of postponing payment a term 
or two. 

But during all these years Mr. Mxson had been a diligent stu- 
dent of the law. Neither the allurements of pleasure, nor the 
attractions of society, nor the charms of literature had had power 
to draw him away from his law books in the hours not devoted to 
the bu>iness of his clients. Thus he was not only familiar with the 
practice of the law, but he had laid up a good stock of sound legal 
learning, all which was at the instant command of a mind at once 
powerful and ready. He was abundantly able to cope with any of 
the resident lawyers of Portsmouth and its vicinity ; nor had he 
occasion to shun an encounter with such formidable antagonists 
as Jeremiah Smith of E.xeter, or Samuel De.xter, Theophilus I'ar- 

6 



ClIAllEK II. 



42 



Chaftek II. 



Memoir of yeremiah Mason. 



sons, and Joseph Story of Massachusetts, each of whom was some- 
times retained against him in important cases. 

On the 9th day of November, 1799, Mr. Mason was married to 
Miss Mary Means, daughter of Col. Robert Means of Amherst, 
New Hampshire. This proved a union of rare happiness, securing 
to him what a hard-working lawyer so much needs, the life-long 
blessino- of a happy home. Mrs. Mason was a woman of excellent 
understanding, of much gentleness of character, and winning man- 
ners. As a wife and mother she could not be surpassed. Her hus- 
band was nowhere so happy as under his own roof. Often obliged 
to leave home in obedience to the calls of public or professional 
duty, he always had an assurance that during his absence his house- 
hold would be watched over with the most judicious and affectionate 
care. He was given to hospitality, and Mrs. Mason received and 
entertained his guests with a simple and graceful welcome which 
was the natural expression of a kind heart and an amiable temper. 
Mr. Mason was fully employed in professional business from the 
moment of his removal to Portsmouth ; and after the elevation to 
the bench of his friend Jeremiah Smith, he stood confessedly at 
the head of the bar in New Hampshire, and soon came to wield a 
power over courts and juries such as no one had had before him, 
and to which no one has since succeeded. 

In 1802 he was appointed Attorney General of the State. It is 
hardly necessary to add that the duties of the office were dis- 
charged by him, during his term of service, with marked ability, 
and a conscientious regard to the claims alike of justice and hu- 
manity. But he doubtless found that the claims of a public trust 
interfered too much with the demands of a rapidly increasing pri- 
vate practice ; for at the end of three or four years he resigned the 
post, to the great regret of the bench, the bar, and the public. 

In 1807 Mr. Webster removed from Boscawen to Portsmouth, 
and for the next nine years divided with Mr. Mason the leading 
business of the State. Their acquaintance had begun before Mr. 
Webster came to Portsmouth. I remember distinctly Mr. Mason's 



I 



His Professional Life. 



43 



telling me of his first meeting with his eminent friend. The for- 
mer had been retained in defense of a man of some social position, 
charged with the offense of passing counterfeit money, if I remem- 
ber right, or, perhaps, forgery. He was expecting to meet the At- 
torney General, whose capacity he had measured and knew ; but 
when the case was reached, a young man, unknown to him, rose, 
and with modest self-possession, asked permission to conduct the 
prosecution on behalf of the government, in place of the Attorney 
General, unavoidably absent. This proved to be Mr. Webster, then 
recently admitted to the bar. " I soon found," continued Mr. Ma- 
son, " that I had a more wary and formidable antagonist to deal 
with than the official representative of the State, and never did Mr. 
Webster show more judgment and ability in the trial of a case than 
in this." He did not prevail, however, fur Mr. .Mason's client was 
acquitted. Ikit from that moment Mr. Mason watched with inter- 
est the progress of his young friend, and was not unprepared for 
his future efforts and triumphs. 

.As a general rule, Mr. Mason and Mr. Webster were retained 
on opposite sides in every important case that arose in the region 
where they lived ; and it is a fact honorable to both of them that 
this constant antagonism did not prevent their being intimate 
friends, and this, too, though both were earnest men, and would 
hit hard when the interests of their clients so required. And this 
fact is honorable to the profession of the law itself, the aim and 
purpose of which are to present the conflicting claims of men to 
the reason and conscience of a disinterested arbiter, purged from 
the blinding and misleading jjassions of the parties themselves. 
Mr. Webster has left on record acknowledgments of the intellectual 
advantage he derived from thus being brought early in life into 
such close relations with a mind so powerful as Mr. Mason's, and 
so admirably disciplined by the study and practice of the law. 

Mr. Mason was ft)urteen years older than his friend, and on this 
account, as well as from the former's commanding position at the 
bar, the younger man naturally looked up with deference to the 



ChaJ'TEK II. 



44 



Memoir of yereviiah Mason. 



Chapter II. 



elder. And from the intellectual characteristics of the two men, 
Mr. Mason was fitted to exercise a valuable influence over his 
younger friend. Mr. Webster had more various power than Mr. 
Mason, but the latter was his equal, at least, in logical force, and 
his superior in legal learning. Mr. Mason's whole mind and time 
were eiven to the law ; not so Mr. Webster's. The difference 
between them may be stated thus : Mr. Mason was a great lawyer, 
but Mr. Webster was a great man practicing the law. Nor had the 
latter Mr. Mason's love of labor and patience in legal research; 
indeed, Mr. W'ebster's natural temperament was rather inclined to 
ease and averse to exertion. It required a strong force to rouse 
his great powers into full activity. 

Thus it was of much service to him to be for so many years con- 
stantly opposed to Mr. Mason in professional contests, for it com- 
pelled him to work hard, to be ever vigilant, to take nothing for 
granted, to be always prepared. He once said that dig as deep as 
one might in the study and preparation of a case, he would find 
that Mr. Mason had gone deeper still. No one opposed to the 
latter could afford to be indolent or negligent or superficial, for 
such course would make shipwreck of his client's cause. Mr. 
Webster's powers, especially his skill and ability as a lawyer, were 
greatly strengthened by the robust and athletic training which his 
strus:e.les with Mr. Mason gave him. 

From the beginning of his residence in Portsmouth to the date 
of his removal to Boston in 1832, Mr. Mason's life flowed on in a 
uniform current, varied only by his four years' service in the Senate 
of the United States from 1813 to 1817, and an occasional term in 
the Legislature of New Hampshire. It was a life of arduous and 
monotonous professional toil, relieved and refreshed by the cordial 
influence of a happy home, and the exercise of a wide and generous 
hospitality. The career of a hard-working lawyer leaves little for a 
biographer to record, and most lawyers are themselves quite willing 
to forget their professional experiences and struggles as soon as the 
heat and dust of the fight are over. 



His Professional Life. 45 



Mr. John W Lord, who was a student in Mr. Mason's office for chapter u. 
three years, at a time when it was full of business, has put on record 
his recollections of his teacher, and of his manner of life, a liberal 
extract from which may be here appropriately introduced : — 

" I entered the law office of the late Hon. Jeremiah Mason of Portsmouth, N. H., 
as a pupil, in September, 1805, an^! itil my admission to the bar. in 

1808 His otficc was ■ ,^ >, coming to him to write special 

contracts, conveyances, wills, and .1 iocuments which required the finishing 

md defend 
11' barges were 
moderate, even for that day and place, and his othce busmess would have been very 
lu' ' " - ' ' 'he circumstances. I think almost with incredulity, u(X)n the office 

1.1 .cd. for he never had a clerk, to my knowledge, whom he would trust 

to (111 Mich work. The number of original entrie> he made at ever)' session of court, 
w.js usually more than that of all the other attorneys in Portsmouth and more than 
three times as many as any other lawyer in the county ; and he was employed in 
tt: T , ^fr M.ison was found at 

hi^ iiig, unless otherwise pre- 

vented. Betwci' '-as no half-way place for gossip. I know 

h' i>y certai- - for a legal opinion, gratis, 

b;. call at '■ . and he would hear their 

case When he came mto his ottice, mornings, alter breakfast, we were careful to 
have it swept and purified from the smoke of cigars, for young men, even in those 
days, h.id bad habits. He used every morning to look over his accounts and books, 

\ to see that s for ttv i; had !• ' d. He kept a day- 

i book and ^ nd his f: , to my \. ,-, was that with the 

bank, which he kept in a prii. Mr. M.-Lson usually spent a short time to 

converse with Ii' ' ' . . 1 . ';,ins in reference 

thereto, antl to and at all other 

I times, he was free to converse with them, and occasionally to entertain them with 
anecdotes about persons and things, of which he had an e.xhaustless stock. He re- ^ 
quired us to hunt up authorities, and prepare briefs of special cases. But the office 
was usually a dull place ' imc to see the head of it. 

1 It never was a place for " ., ;>. Mr. Mason was partic- 

ular in small things, especiall . moneys collected by him for others. 

No client had to call the second tiriiu Ilt 11; .-Ml his private bills were paid 

I at sight. He was never short. It was not . e to loan money to individuals 

or to lend his name as surety or indorser. He abhorred the custom, then familiar 
with attorneys, to advance money on notes, accounts, or personal property lodged as 
collateral security, deeming it disreputable to the profession, for a lawyer to act as 



46 



Memoir of yeremiah Mason. 



broker or banker. Mr. Mason magnified his position by exerting all his influence to 
prevent petty litigation, or the commencement of suits upon mere quibbles, or for 
the purpose of procrastination, or to gratify personal vindictiveness, or retaliation. 
He was eminently a peace-maker, and was instrumental in healing many a wound, 
and in preventing the useless expenditure of money, by a set of litigants, who were 
in the habit of annoying lawyers, to aid them in schemes of malice or revenge. 
Disputes, disagreements, and differences of opinion in contracts and insurance, were 
often settled at that time by arbitration. Mr. Mason was employed in most of such 
cases which occurred as counsel for one of the parties, and I have known him to be 
called to distant towns in that capacity. He was eminently successful in this field 
of professional labor. So much confidence was placed in his skill and ingenuity by 
referees, that their awards in such cases were complimentary to him, and as far as 
ri<jht and justice availed, Mr. Mason never lost a case. I had occasion to consult 
him in a case commenced shortly after my admission to the bar, which was submitted 
to reference. He told me how to proceed, and to manage it myself. But I had not 
the courage, as it involved a large sum of money. Mr. Mason was called to my aid, 
and after one of the ablest arguments by the opposing counsel, he put his adversary 
to shame, and recovered an award in favor of my client, which was deemed a victory, 
as the issues were doubtful. The sum awarded my client exceeded $3,500, and for 
that most valuable and successful effort he declined to take a fee, out of friendship 
to me. The renown of Mr. Mason as a lawyer was earned in open court. This 
was the field of his glory. He had great power with the Court ; for he was respect- 
ful, lucid, and always panoplied with a well prepared legal argument. When he 
addressed the jury of trials, he was felicitous in presenting the strong points of his 
case, as it were, in a nut-shell, and in hiding out of sight, as much as possible, the 
strong points of his opponent's case, and commenting with severity upon his weak 
points. No matter what the case was, he was ready for trial, with his witnesses, his 
brief, and his authorities at hand. He seemed to have an intuitive knowledge of 
character, especially of jurors, and when he addressed them, adapted his speech to 
their comprehension, their judgment, and their consciences. He aimed to be brief, 
clear, and argumentative, and not prosy, florid, and declamatory. His words told. 
Mr. Mason was learned in criminal law. He was the first Attorney General in the 
State who comprehended the responsibilities of the office. His predecessors, as I 
heard, lacked knowledge. There was confusion in that department at his appoint- 
ment. He purified it. His labors in that office were herculean. The Supreme 
Court was holden in every county of the State ; and his oflScial duties required him 
to be present at each session of the Court, when the Grand Jury was also in session. 
His punctuality was proverbial. As the legal adviser and organ of the grand in- 
quest of the county, it was told me that he frowned upon all vexatious combinations 
to procure indictments, as had been the custom, and in all cases brought before 
them, counseled the jury of inquest never to agree upon indictments unless the 



His Professional Life. 



evidence of guilt would lead to conviction by the jun- of trial. Hence it was the 
crmm .n remark of the lawyers, that prisoners, under the administration of the 
A;; i.LV General, had a small chance of escape from the verdict of the jury of trial. 
It was said the vigilant .\ttorney for the State never lost a case ; that conviction 
followed indictment, and that punishment was the consequence of guilt. 



47 



Chapter II. 



CHAPTER III. 

Letter to Dr. Appleton. — Politics of New Hampshire. — Mr. Mason chosen United 
States Senator. — Residence in Washington during the First and Second Sessions 
of the Thirteenth Congress. — Letters to Mrs. Mason and to Dr. Appleton. 

THE Reverend Jesse Appleton, D. D., was an early friend and 
correspondent of Mr. Mason's. They were connections as 
well as friends, Mrs. Appleton and Mrs. Mason being sisters. Dr. 
Appleton was chosen President of Bowdoin College in 1807 and 
died in 18 19, at the age of forty-seven. His death was regarded 
throughout New England as a heavy blow to the interests of relig- 
ion, education, and literature. Mr. Mason was warmly attached 
to him, and had the highest respect for his character and capacity. 
Dr. Appleton had probably in his course of instruction had occa- 
sion to consider the question of usury and usury laws, and had 
written to his friend for his views on the subject. Mr. Mason 
replies in a letter which is the earliest on date of any I find among 
his papers. 

JI-:REiMI.\H MASON TO THE REV. JESSE APPLETON, D. D. 

Portsmouth, August 12, 181 1. 

Dear Sir, — I know I ought long ago to have answered your 
letter of 20 June : not well knowing how to do it is the reason 
of the delay. I think it probable when you have read this you 
will be convinced of the sufficiency of the reason. 

Theorists have often doubted the policy of laws against usury. 
The fact, however, that such laws have been adopted by most civ- 
ilized nations, as well ancient as modern, is of itself strong evi- 
dence of their practical utility. 

The protection of the poor from oppression (which you mention) 



LetU 



"y on 



U. 



siiry. 



49 



is doubtless one. but I think not the principal object of these laws. 
Such laws have been in use in many countries where the rights of 
the poor were little respected. 

The principal object has been said to be to induce the rich cap- 
italist to use his own stock and be industrious. It is more advan- 
tageous to society that the rich capitalist should use his own indus- 
try in the employment of his stock, than that he should sit idle 
and take the benefit of the industry of others. The loan of money 
therefore at a high rate of interest, which would encourage the 
capitalist to be idle, has always been discouraged. 

:\ nation has only a limited quantity of capital stock on which 
to employ the labor of all its citizens ; without lands for the hus- 
bandman, or materials for the mechanic, there would be no labor. 
This capital stock, whether consisting in lands or personal chattels, 
will for obvious reasons be possessed by individuals in very une- 
qual portions. The object to be attained is such a distribution of 
it as will afford the greatest incitement to productive labor, and 
thereby give the greatest increase of the capital stock. The 
increase is the joint product of the stock and the labor bestowed 
on it. The borrower wants to obtain stock on which he can be- 
stow his labor with profit. The money received in the loan is 
merely the instrument which conveys a right to a certain portion 
of capital stock. A mechanic who hires money to purchase the 
materials he wants, finds the money to be only an efficient order 
for the materials. He might as well hire the materials of the 
money-lender, if he had them. The rate of interest of money there- 
fore regulates the rate of hire of all other property. A prohibition 
to take any interest would generally prevent loans. Were benevo- 
lence to form the only motive, the fear of loss wf)uld prevent, or 
too much restrict lending. This prohibition, which was taken 
from the Mosaic code, and adopted in times of monkish supersti- 
tion in Kngland and mo>t other countries of I'2uro|)c, is now uni- 
versally exploded. Under certain circumstances lending is bene- 
ficial to both the parties concerned and also to the public. When 



Chapter III. 



50 



Memoir of JeremiaJi Mason. 



CllAl'lFR III. 



the capitalist has more stock than he can manage to profit by 
his own industry, he ought to lend that part which he cannot em- 
ploy to advantage, and that part only. If he lends the whole he 
must become idle himself. 

Idleness in the rich is as detrimental to society as idleness in 
the poor. When the rich capitalist can by lending his stock 
obtain as much profit as he can by retaining it, and bestowing his 
own industry on it, he will lend the whole and become an idle 
drone living on the industry of others. The man who lives on 
the interest. paid for his loans, is, as it respects the increase of 
national wealth, a dead tax on society. Hence good policy re- 
quires that the rate of interest should be such as will induce the 
capitalist to lend the surplus only of his stock which he cannot 
himself employ to profit, and the industrious laborer to hire it and 
thereby make profit by his labor. A moderate rate of interest 
will induce the capitalist to lend his surplus, which if retained by 
him will give no profit. The danger is that the rate of interest, 
unless restrained by law, will be too high, more especially in poor 
countries where there is more ability to labor than stock to employ 
it. If the rate of interest is so high as to take the whole or nearly 
the whole of the product of the stock hired and labor bestowed on 
it, there will be no inducement to hire, and the laborer will be- 
come indolent. In rich countries there being a superabundance 
of stock, and consequently less profit from the employment of it, 
the rate of interest usually is, and ought to be low, and in poor 
countries it ought to be higher; otherwise there will be no loans. 

The laws against usury limit the highest rate of interest for which 
loans may be made. These doubtless tend to keep down the rate 
of interest, unless the legal rate is fixed greatly below the market 
rate. If the difference is very great it will induce the lender to 
attempt evasions of the law, and to seek indemnity for the risk he 
runs by the enhanced rate stipulated for. The legal rate ought to 
be nearly the same with the market rate, or the rate it would fix 
at if not regulated by law. This market rate must be gathered 



Letter on Usury. 



from the average given by prudent persons, on good security, with 
ordinary prospects of profits. And the law, by fixing this rate, pre- 
vents loans on bad security, which is commonly injurious to the 
public as well as to the lender; for if the rate of interest is the 
same, the good security will be preferred. The persons who are 
willing to hire at an extravagant rate of interest are sometimes the 
poor and distressed, but more often the prodigal and the sanguine 
projector, forming wild projects of gain which are generally injuri- 
ous to society. If they were permitted to hire at what rate they 
pleased, they would greatly enhance the market rate, and thus pre- 
vent others more prudent from obtaining loans on moderate terms. 

The market rate in many countries has often been below the 
legal rate, in Holland, before the late revolution there, the rate 
fixed by law was four per cent. Yet loans were effected there on 
Governmental security at two per cent., and on private security at 
three per cent. In England, where the legal rate was formerly fif- 
teen and afterwards ten per cent., and is now five per cent., loans 
have been had by Government at three per cent., and by individuals 
at four per cent. In those countries there was a great abundance 
of capital. 

In some of the United States — New York and .South Carolina 
— the legal rate is seven per cent. Loans have often been made in 
New York at six per cent. I am inclined to believe that in the 
large towns of the United .States generally, the market rate is not 
over six per cent. The three per cent, stock of the United States 
has usually sold for more than sixty per cent. This is our most 
permanent stock, and consequently is best esteemed. Our Govern- 
ment have generally hired what they wanted at six per cent., re- 
deemable at a short period ; and I am told they had one loan of the 
Bank of the United States at five per cent. 

In remote and poor parts of the country the market rate is prob- 
ably above six per cent. ; but this is owing in a great measure to the 
insufficiency of the .security given. Moneyed men in such parts of 



Chapter III. 



52 



Memoir of yerejiiiah Mason. 



CHAI'TER III. 



the country who are in the habit of lending always complain of 
their frequent losses. 

We have agreed with Dr. Coffin to take the charsre of our Acad- 
emy. I hope and believe it will prove fortunate for us. 

Last Sunday Dr. Griffin preached a charity sermon here for the 
benefit of the Female Asylum. The sermon was very long, and 
yet by most of the hearers said to be very eloquent. 

We expect to see you after your Commencement, in which I hope 
we shall not be disappointed. I am sincerely yours, 

Jere. Mason. 

Down to the year 1805, New Hampshire was a Federal State : 
but in that year, after an exciting contest, the Republican party 
prevailed, choosing a governor, and carrying every branch of the 
State government by a majority of nearly four thousand. At the 
beginning of the year, the Senators in Congress were William 
Plumer and Simon Olcott ; but the latter's term of service expired 
in March, and Nicholas Oilman, a Republican, was chosen in his 
place. As he was the first Republican who had represented New 
Hampshire in either House of Congress, his election was naturally 
hailed with much triumph by his party. 

In August, 1806, five Republican members of Congress were 
chosen, and a few months later, Nahum Parker, a Republican, was 
chosen Senator to succeed William Plumer, whose term of service 
had expired. 

In the spring election in 1808 for State officers, the Republican 
party retained their ascendancy, choosing a Legislature which sus- 
tained the policy of President Jefferson, adopting an address to 
that effect ; but in the national election in the autumn, the tide of 
politics turned, and the Federal party prevailed ; choosing five 
members of Congress, and presidential electors who gave the vote 
of the State to Charles Colesworth Pinckney, the unsuccessful rival 
of Madison in the contest for the presidency. 

In the State election of the spring of 1809, the Federal party tri- 



umphed, but by a very small majority ; but the next year restored 
the Republican party to power ; and Nahum Parker having re- 
signed his seat in the Senate, Charles Cutts, a Republican, was 
chosen in his place. Of the five members chosen to Congress in 
the autumn of 1810, four were Republicans. 

Thus it was evident that in New Hampshire parties were pretty 
equally divided, and neither could afford to be careless or indolent. 
I{ach was oblitred to select "ood candidates, and to work hard in 
their behalf The result being doubtful, el5ctions were watched 
with lively interest, and the full strength of each party was brought 
out. Hut of wealth, influence, social position, and education the 
Federal party had a larger share than its rival. The clergy had 
more power over public opinion then than now, and the clergj-men 
of New Hampshire, as of all New England, were generally Feder- 
alists, not only disliking the politics of Jefferson, but hating him 
personally, on account of his heterodoxy in religion, with all the 
rancor of theological hatred. 

The State election of 181 1 was favorable to the Republicans, as 
was that of 1812 ; but the latter after a close contest, and by a very 
small majority. 

War against Great Britain was declared in 1S12, and this too 
was the year for the choice of presidential electors. The autumn 
election for national officers was from these causes contested with 
peculiar earnestness. Each party put forth all its strength, and 
after a hot conflict the Federal party prevailed, choosing the elec- 
tors of president and the members for the Thirteenth Congress. 
Among these latter was Mr. Webster, who had become widely and 
favorably known by " The Rockingham Memorial," in opposition 
to the war, published in August, 181 2.' 

' Mr. George Barstow, in his Uiitory of Knu Ilamfihire, published in 1842, with a strong Repub- 
lican bias, attributes the success of the Kcderalbts in the elections after the war had begun, to the 
fact that so many Republicans were away from home, serving in the army or navy. See Barstow's 
History of Ncio Ilamfshire, p. 363. This may be true in part, but much w.is also due to the influ- 
ence of the embargo and non-intercourse acts of the adminislr.ition of Jefferson and Madison, 
which bore hard upon the maritime population of New England, and threw many out of employ- 
ment. A man can hardly be expected to vole for .n ii.irtv wliii h takes the bread out of his mouth. 



Chapter III. 



54 



CHAI'TF.R III. 



Memoir of yeremiah Mason. 



The spring election of 1813 for State officers was contested with 
great earnestness, for the Legislature to be chosen would be called 
'upon to elect a United States Senator in the place of Mr. Cutts, 
whose term of service expired. The Federal party carried the 
State, and of course a Federal Legislature was chosen, and the 
election of a Federal Senator was secured. 

The first choice of the Legislature fell upon Dr. John Goddard, 
a merchant of Portsmouth, originally a physician, a man of ability 
and high character; but having no taste for public life, he declined 
the honor. This incident curiously illustrates the difference be- 
tween that time and the present. It is doubtless possible to-day 
to find men to whom so brilliant a position as a seat in the United 
States Senate presents no attractions, but it may be pronounced a 
moral impossibility that a man should be chosen to the Senate with- 
out its previously being known whether he would accept the trust' 

The Legislature next made choice of Mr. Mason. He has left 
nothing on record upon the subject, but we presume that in accept- 
ing the trust he acted from a sense of duty, feeling that the office 
was neither to be sought nor declined. He was no politician, in 
the ordinary acceptation of the term, and no aspirant for political 
distinction ; but he took a keen interest in public affairs, and was 
a patriot in the best sense of the word. He was a strong Federal- 
ist, alike from conviction and feeling. He had the highest rever- 
ence for the character and principles of Washington, and an equal 
ofratitude for the inestimable services he had rendered to the coun- 
try. His political opinions, though never obtruded, were always ex- 
pressed, when the occasion required it, with a frankness and fullness 
which left no doubt in the hearers mind as to his position and views. 

Li selecting Mr. Mason, the Legislature of New Hampshire acted 
wisely. In general ability he had no equal in the State, except Mr. 

1 Since writing the above I have been told that some at least of those who voted for Dr. Goddard 
knew that he \vou)d not accept, and tliat his election was a feint to secure that of Mr. Mason. There 
were political managers and wire pullers in those days as there are now. Dr. Goddard had been a 
leading Republican, but being an opponent of the war he had joined the Federalists, or at least acted 
witli them. 



Election to the Senate. 



Webster, who, as before stated, was already a member of the House 
of Representatives by popular election. Mr. Mason was also from 
his judgment and prudence peculiarly fitted for public office in times • 
when party spirit ran high, as it did then. There was nothing impas- 
sioned in his temperament or fanatical in his understanding. His 
mind was judicial in its tone, and he had no taste for extreme prop- 
ositions or extreme measures. His self-control was perfect, and he 
was not one of those unlucky speakers who say things in haste and 
repent of them at leisure. There were some Federalists in New 
England whose vehement opposition to the war carried them be- 
yond the bounds alike of prudence and patriotism, but Mr. Mason 
was not one of these; nor was his friend Mr. Webster. Their 
course illustrated the proper functions of an opposition in time of 
war, under a constitutional government. 

The Thirteenth Congress, in conformity with a law passed at the 
previous session, assembled on the 24th of May, 1S13. Mr. Oilman 
and .Mr. Cutts appeared as Senators from New Hampshire, the latter, 
whose term of service had expired on the 4th of March, having been 
appointed by the Governor of New Hampshire to fill the seat until 
a choice by the Legislature. 

Mr. Mason was elected on the loth of June, and immediately set 
out for Washington. Two of his letters to his wife, written on the 
road, will enable the reader to measure the delays and discomforts of 
travelling in those div^. 

JLKLMl.MI MASON TO MR.S. MASO.V. 

Hartford, Sunday Afternoon, June 13, 18 13. 
Mv DLAR Makv, — I have got on thus far prosperously, though 
with considerable fatigue. I suppose Mr. Fales told you that at 
North Hampton, I hired an honest sea-captain to give me his seat 
in the stage, and to accept for himself a seat with the coachman. 
We arrived at Boston about ten o'clock. On inquiry at the stage 
house, respecting the stages which were to start for the South next 
morning, I could get no information. No stages started from that 



S3 



Chapter III. 



56 



Memoir of yeremiah Mason. 



Chapter III. 



house for the South. The bar-tender, who was half asleep, told me 
of three houses — from one of which he said the Southern stage 
would start the next morning. I tried to make him go and inquire 
for me, but this he flatly refused. I went myself, and at the first 
house, after knocking at the door at least five minutes, was told 
from a window in the third story that I was at the wrong house. I 
then went a considerable distance to the next house I was directed 
to, and after a long knocking, got in and was told I might have a 
scat in the mail stage, if I would be there exactly at four o'clock — 
that I could have no bed, Init might lie on the floor if I pleased. 
Not liking that, I went back to the first stage house, and there pro- 
cured a bed about as wide as I am, but not much more than half as 
lontr. There were four more in the same small chamber, with a 
lusty snorer in each. Having bribed the bar-tender to call me be- 
fore the appointed time, and extended my bed with the addition of 
a chair I took possession of it a little after two o'clock. I was 
about getting asleep, when I was called up, and after waiting in the 
street nearly an hour, got into the stage and arrived at Springfield, 
a little after one o'clock last night. There I stopped and went to 
bed. The stage went on and will make no stop till it arrives at 
New York. This forenoon I came in a chaise from Springfield to 
this place. To-morrow morning at four o'clock, I shall set out in a 
new line of statres which runs from here to Mount Pleasant on the 
Hudson River thirty miles above New York. From Mount Pleasant 
I shall go down to New York in a packet-boat. This is better 
than the usual route, in which I should have to ride all one night, 
or again leave the stage and get on by a private conveyance. How 
I shall go on from New York I have not determined, but I think I 
shall take the steamboat to Brunswick. This much for the begin- 
ning of the journey of honor. Though somewhat tried, my consti- 
tution seems to bear it pretty well. I have as yet experienced no 
trouble, except what arises from my own petulance, which is some- 
what subject to be excited by the unlucky incidents of rapid travel- 



Yours affectionatelv. 



Jeremiah Mason. 



yo2iniey to IVaskinglon. 



57 



JLREMIAH MASO.V Tu MRS. MASON. 

Baltimore, Saluniay, \()t/t Jum, 1813. 

Mv OEAR Marv, — I wrote to you from Philadelphia on Wednes- 
day evening. The next morning I continued my journey in the 
mail stage to Havre de Grace, seventy miles, where I left it, and 
came here yesterday in another stage. The thunder-storm, which 
was very severe, had no effect in cooling the air, as I expected. 
The weather since has been more intensely warm than before. 
The storm was exceedingly violent, and extended forty miles this 
side Philadelphia. I noticed in the road many large forest trees 
torn up. I heard of two stages which were out through the storm, 
full of passengers. One, in the midst of a wood, was in imminent 
daneer from the falling trees, and was detained several hours after 
the storm was over before the trees could be cleared away, which 
fell across the road. La.st evening there was a ver}- violent gust of 
wind in this place, nearly equal to that in IMiiladelphia, but attended 
with little rain. I hope these storms are not ominousof other storms 
in the voyage I have set out on ; and if storms of another kind do 
arrive I hope I shall be equally fortunate in avoiding them. I have 
been considerably oppressed with the heat, and tarry home to-day 
to recruit. I now feel pretty well, and do not fear any injury from 
the heat or fatigue. I am at Gadsby's inn, which seems to be the 
most extensive and perfect establishment of the kind I have ever 
seen. On inquiring for a bath I found a most excellent one in the 
house. It is quite necessary after the violent exercise of travelling 
in this warm, sultry weather; I have used it twice. I could well 
enough have gone on to Washington to-day if it had been in any 
way necess.try. But I thought it best to take a day's rest, which 
affords me an opportunity of getting a few articles of thin dress 
which I have wanted. There is, doubtless, much difference in the 
degree of heat here and at Portsmouth. I eat green peas at New 
York, where they had been more than a week. At Philadelphia 
the cherries and strawberries were in perfection; all the way this 



Cii.\ri'F.K III. 



58 



Memoir of yereiniah Mason. 



Chai'Tek III. 



side of Philadelphia I have seen cherries in great abundance. I 
shall go on to Washington to-morrow morning in a private carriage, 
if one can be had on reasonable terms. A Mr. Bowers, a member 
of the House of Representatives from New York, this forenoon ap- 
plied to me to take a carriage with him, saying he would find two 
other persons to join in same. I consented, if he can effect it. It 
docs not much increase the expense, and will prevent being crowded, 
which is very unpleasant in this weather. The distance is only forty 
miles. I consider the journey past. I am told they talk at Wash- 
ington of having a longer session than was expected. I do not 
believe it will last through July. Mr. Webster has brought forward 
in the House of Representatives a motion calling on the President 
for information respecting our relations with France (which you 
have or will see in the newspapers), on which there has been some 
warm debating. 

I have come on just as I told you I intended, without inquiring 
for, looking for, or seeing anybody. What is a little singular, ex- 
cept at Newburyport, I have not on my whole journey seen a single 
person I knew. I have seen several who .knew me. I have till 
yesterday been at no place where I could see anybody. I arrived 
here just before dinner time, and dined at an ordinary with perhaps 
sixty or eighty strangers. This afternoon I intend to go out and 
see the town, of the form of which at present I have a very imper- 
fect idea. At Washington I expect letters from you. 

Yours, J. Mason. 

He took his seat on the 21st of June. Two days after he thus 
wrote to his wife : — • 



JEREMIAH MASON TO MRS. MASON. 

Wasiungtu.'^, yune 23, 1813. 

I wrote you a few lines the day before yesterday, just after I had 
taken my seat in the Senate. Though there would seem to be 



United States Senate. 



nothing in a person's walking into a room, taking an oath which 
he has taken half a dozen times before, calculated to disturb or 
discompose him ; yet, I assure you, I felt a little awkward, and 
when I wrote to you, which was a few minutes after, I scarcely knew 
what I wrote. I have since received your letter of the i6th instant, 
inclosintr the letters of the children. I am verv glad to hear you 
are all well. You mention having received from the post-office three 
letters, one from Mr. Wild of Hallowcll, one from Mr. Hale. The 
other you do not mention. Keep the two and inform me of the 
third, if of any importance. I have got settled in pretty good lodg- 
ings, though at too great a distance from the Capitol, — about two 
miles. The society is good. Mr. Gilman, General .Smith of Balti- 
more, Messrs. Goldsborough of Maryland, Mr. Hppes, etc., also 
several ladies. We have carriages to carry us to the Capitol when 
necessary. I should have preferred lodgings nearer the Capitol, if 
I could have got such as I liked, but could not. 

I can form no opinion of the length of the session. It is now 
said the session will not terminate before the 20th July. Things 
here look quite as well as I expected. I am pretty well recovered 
from the fatigue of my journey. Tell the children I will answer 
their letters soon. Give my love to them. 

Yours in haste, J. Mason. 

The United States Senate at that lime consisted of thirty-si.v 
members, of whom twenty-seven were Republicans and nine were 
Federalists. Mr. Giles of \'irginia was the ablest debater and the 
leading mind on the Democratic side, but having become disaffected 
to the administration of .Mr. Madison, neither his voice nor his vote 
was to be depended upon. He spoke and acted, as Harry Wynd 
fought, for his own hand. Mr. Campbell of Tennessee was the 
administration leader. Mr. Gore of Massachusetts and Mr. King 
of New York were the leading members on the Federal side. With 
both of these distinguished men Mr. Mason formed a close and 
enduring friendship. 



59 



ClIAl'l'F.R III. 



6o 



Memoir of yeremiah Mason. 



Chapter III. 



The House of Representatives consisted of one hundred and 
eighty-two members, of whom one hundred and fourteen were 
Republicans, and sixty-eight were Federalists. The leading Repub- 
licans were Mr. Clay of Kentucky and Mr. Calhoun of South Car- 
olina; and conspicuous on the same side were John McLean of 
Ohio, John Forsyth and George M. Troup of Georgia, Charles J. 
IngersoU of Pennsylvania, Felix Grundy of Tennessee, and Lang- 
don Cheves and William Lowndes, of South Carolina. 

Mr. Gaston, of North Carolina, Mr. Grosvenor of New York, 
and Mr. Webster, all new members, soon rose to the place of lead- 
ers on the Federal side. 

Two of the ablest men in the Twelfth Congress were no longer 
membci"s. Mr. Ouincy of Massachusetts had declined a reelection, 
and Mr. Randolph of Virginia, whose brilliant and erratic genius 
had already given him a national reputation, had, on account of his 
opposition to the war, been defeated by Mr. Eppes, son-in-law of 
Mr. Jefferson. 

Congress remained in session till the second day of August, but 
Mr. Mason left Washington a day or two before, on leave of absence. 
In so short a period of service, and belonging to a hopeless minority, 
he could do little more than look about him, and learn to feel at 
home in his new position. 

Two letters to his wife give us a glimpse of his Washington 
life : — 

JEREMIAH MASON TO MRS. MASON. 

Washington, July 3, 1813. 

My dear Mary, — .... You inquire if I attend church. The 
Church does not in any respect make a conspicuous figure here. 
I have as yet been here but one Sunday, on which I did not go 
out. Public worship is held at the capitol ; but from what I have 
seen of the chaplains I presume the preaching is ordinary. I shall 
go there to-morrow. There is a church in Georgetown where I 
am told there is a good preacher. Mr. Madison is on the recovery. 



hupyessions of IVasJiijigton. 



6i 



which will relieve your apprehension of the government devolving 
on Mr. Gerry. The old gentleman is usually characterized here 
by the same epithet which you mention I used to bestow on him. 
The weather continues very warm ; it is said, unusually so, for the 
climate; but I do not perceive it has affected my health in any 
degree. I am doing here as well as I expected as far as relates to 
myself personally ; that is, I have tolerable lodgings and pretty 
good company. Have made my first speech in the Senate.' It was 
concise, and no great thing, but seemed to be pretty well received. 
Without the spirit of prophecy it is impossible to tell when the ses- 
sion will end. I intend to come home by the first part of August. 
Virginia is in great alarm with the invasion. No great damage 
has yet been done. My respects to .Mr. Fales and love to yourself 
and children. J. Maso.x. 

Jl-KI.MIAll MASiiN 1" MRS. MASON. 

Washincton, July ii, 1S13. 

Mv DEAR Makv, — I was invited this morning to go to the 
Quaker meeting but declined, to afford me an opportunity of per- 
forming my promise in my note of yesterday, of writing to-day. 
Although I do not seem to have much to do, yet by reason of calls 
and various interru|)tions I have not much leisure. I have seen 
many new faces and new things. As yet I have not derived much 
instruction or amusement from the view. I have, however, seen 
people from whom I expect considerable of both. The people in 
the house where I lodge arc of various sorts. Some very fashion- 
able, some both fashionable and well-informed, and some not super- 
lative in anything. Having already tarried here nearly as long as 
I expected, I begin to wish to set my face homeward. While ex- 
periencing the bad attendance of servants and the numerous 
wants in little matters of accommodation, I cannot help sometimes 



Chapter III. 



' This speech is not reported, and there i.s nothing in the printed records of the Senate to show on 
what subject it w.vi made. 



62 



Memoir of yeremiah Mason. 



Chapter III. 



contrasting my situation liere with home. But in another point of 
view, my situation here will still less bear comparison with that at 
home. I am here constantly surrounded by people for whom I do 
not care a biscuit; at home I am in the midst of all those I hold 
most dear. Here, nothing concerns or interests me; there, every- 
thing. I am much inclined to think the glitter of the Southern 
folks consists more in tinsel than gold. I fear this will apply to 
their characters in all respects. They make a great show of equip- 
age and servants, while they live in lodgings, and with accommoda- 
tions, which to us would be absolutely uncomfortable. Their 
conversation is generally easy and specious, but affords little in- 
struction. I am yet in doubt how I shall like continuing here. 
Public affairs are certainly very gloomy. This I expected. The 
prospect of change and amendment is quite as promising as I ex- 
pected. My situation personally is, on the whole, as good as I 
could expect. The people whom I most respect seem to be dis- 
posed to treat me well enough. Were it not for this ugly absence 
from all I value, I should probably be pretty well satisfied. I travel 
home twenty times a day to see what you are about, and always find 
that much more interesting than anything doing here. Our Senate 
yesterday, refused to ratify the appointment of a minister to Sweden, 
which was a favorite measure with the administration.^ It is consid- 
ered here, as being the most important point which has been car- 
ried against the administration for ten years. It was not expected, 
and has created considerable sensation. There are other questions 
of still more importance to be determined. The administration 
will probably carry their main questions, but I trust they will learn 
to be more cautious and prudent in future. The Federalists, as far 
as party feelings are concerned, are in better .spirits than for several 
years past. But I hope and trust that the violence of party feel- 
ings is subsiding. There is considerable prospect of it in the Sen- 
ate Affectionately yours, J. Mason. 



' On the gth of July the Senate voted, twenty-two yeas to fourteen nays, that it was inexpedient to 
send a minister to Sweden. .Mr. Jonathan Russell had been nominated. 



Public Affairs at Washington. 



He writes, on public affairs, to his friend Dr. Appleton, like him- 
self, a decided Federalist : — 



JEREMIAH MASON TO THE REV. JESSE APPLETON. 

^\■.^slll^•GTO.^^ jfiily 20, 1813. 

.Mv DEAR Sir, — liver since I have been here I have intended to 
write you. But although I have personally not much of importance 
to do, yet there have been so many matters to hear and think of 
that I have had very little leisure. To me most things here are 
new, and not a few appear strange. I e.vpected to find some dissat- 
isfaction among the old friends of the administration. But I was 
not prepared to expect the violent jealousies among them which I 
find. They have no confidence in each other. It is believed here 
that there exists no confidence among the heads of the departments 
The Secretary of State and of War are each some distance down 
the river, at the head of .separate bodies of troops, preparing to 
oppose the enemy. They are both ambitious of military command, 
and envious of each other. The influence of the President is much 
less than I supposed. There seems to be little plan or concert in 
the management of public affairs. The party in power feel morti- 
fied and depressed. 

The Senate have in several instances acted with great apparent 
independence. The refusal to assent to the a])]H)intnKnt of Russell 
minister to Sweden, and of Gallatin as one of the commissioners 
under the Russian mediation, was the rudest shock the President 
has ever experienced. It was wholly unexpected. In those cases 
peculiar reasons operated with several individuals, and induced them 
to act against the President. I fear similar reasons will not con- 
tinue to operate in other cases. Gallatin was suspected of am- 
bition. He aspired to the Presidency, and had rivals who wished 
to impede his way. Some of the old friends of the President acted 
from other and better motives. They deemed the affairs of Secre- 
tary of the Treasury and minister to a foreign court incompatible. 



CHAKfER HI. 



64 



Memoir of yeremiah Mason. 



Chaiter III. 



The President is liighly ofiended, and there will be some difficulty 
in forming a new league. If there was more honor or honesty 
among them the difficulty would be increased. But they have been 
so long in the habit of making jobbing bargains that I expect some 
expedient will be hit on to restore their ancient amity. 

I can give you no information respecting the probability of the 
enemy's coming to this place. They are now about forty miles 
down the river. Reports respecting their force and probable inten- 
tion are various. I believe they intend to come here, but they have 
been so dilatory in their movements that they will not be able to 
efifect their object. The people here have been greatly alarmed. 

Congress expect to end the present session in about one week 
after your Commencement. I hope to see you at Portsmouth. 
Make my affectionate respects to Mrs. Appleton. 

I am sincerely yours, J. Mason. 

The second session of the Thirteenth Congress began on the 
sixth day of December, 1813, and closed on the eighteenth day of 
April, 181 4. Mr. Mason was present in his seat at the opening of 
the session, and remained in Washington till its close. He was 
constant in his attendance, and took an active part in the proceed- 
ings of the Senate. Not having been a member of that body at 
the opening of the first session, May 24th, 181 3, he was not placed 
on any of the standing committees, but he served on several spe- 
cially appointed during the course of the winter. He was chairman 
of one which reported a bill for the purchase of a Hbrary for the use 
of the Supreme Court, which passed the Senate, but never ripened 
into a law. He was a member of another which seems to have done 
a good deal of work, which had under consideration certain ques- 
tions between the .State of Georgia and the Mississippi Territory; 
and finally reported a bill which became a law, under the title of 
" An Act providing for the indemnification of certain claimants of 
public lands in the Mississippi Territory. Approved March 31, 
1814." 



Gloomy State of Public Affairs. 



He served upon a joint committee on the library, and upon a chapter hi. 
Senate committee to inquire whether the acts of Congress relative 
to the general promulgation of the laws required any amendment. 

As is well known to all who are familiar with the past history of 
the country, the almost exclusive business of Congress during this 
session was the providing of men and money for carrying on a war 
into which the country had been plunged with little of forethought 
and less of preparation. The party opposed to the war, though 
weak in numbers, was powerful in ability and influence ; but the 
force of the opposition was not so great a difficulty in carrying on 
the war as was the cold and languid support of its friends. It was, 
in truth, a politicians' war, and the popular heart never was for it or 
in it. That intense public spirit which, during our recent civil con- 
test, made all efforts easy and all sacrifices light, was wholly want- 
ing. Federalists and Democrats abused each other with equal vir- 
ulence, but the energies of both went no farther : the two nerves of 
war, iro"h and gold, men and money, were hard to come at. The 
brilliant successes of our navy had not been enough to counteract 
the depressing influence of the disasters and misfortunes which had 
attended our arms on land ; and when Congress met in December, 
I Si 3, a general feeling of despondency and anxiety hung over the 
country, and made the task of carrying on the government and 
keeping up the war one of no small difficulty. 

Mr. .Mason wrote constantly to his wife, and occasionally to his 
friend Dr. Appleton ; and his letters reveal at once the embar- 
rassments of the administration, and that languid beat of the public 
pulse which was the chief cause of them. 

JERE.MIAir M\s,,\ To MRS. M.XSUN. 

BosTUN, November 23, 18 13. 

Dear Mary, — I arrived here last evening. At Newburyport 
the stage being crowded, the stage proprietors, of their own accord, 
offered me a horse and chaise, with which I came on here vcrycon- 
9 



66 



Meinoir of jfereiniah Mason. 



Chapter III. 



veniently. I shall set out early to-morrow morning in the Albany 
stase. I am told that the roads on the direct road to New York 
are exceedingly bad, and the roads to Albany pretty good. From 
the state of the weather, I have no fear that there can be any ice 
to prevent the steamboats passing down to New York. Should 
there be any change in the weather, which would make it doubtful 
whether the steamboats can run, when I get to Connecticut river, I 

shall change my course and go by Hartford This is the 

first time, my dear Mary, I have ever left you expecting to be long 
absent. Had I not seen that the contemplation of it affected your 
spirits more than I wished, I should have more fully explained to 
you my own unpleasant feelings. Be assured no light consideration 
would induce me to make the sacrifice. Under all circumstances, 
I do think it my duty, and it gives me much satisfaction to know 
this is also your opinion. We must therefore bear the unpleasant 
separation with fortitude. Do not permit yourself to entertain any 
painful forebodings. 

I am, as always, sincerely and affectionately yours, 

J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Jersey City opposite New York, Sunday afternoon, 2?>th November, 1813. 
My dear Mary, — I arrived at Albany after a fatiguing journey, 
late on Friday night ; the next morning went on board the steam- 
boat, and was brought to New York this morning. Having deter- 
mined to make no tarry in New York, for fear the weather, which 
is now temperate, will become inclement, I immediately crossed the 
ferry to this place, and set out at five o'clock this afternoon for 
Philadelphia. I go twenty miles in the evening, and arrive at Phil- 
adelphia to-morrow evening. My journey from Boston to Albany 
was tedious, but I think not so much so as it would have been the 
other way. My passage on the steamboat was rapid, going one 
hundred and sixty-five miles in twenty-two hours, and attended with 
no labor or fatigue. The company was numerous and promiscuous, 



Dinner at Mr. CJuumceys. 



67 



the Secretary of War, General Harrison, and other mighty men of 
war among them. In the promiscuous crowd was Bishop Hobart, 
with whom I became somewhat acquainted. I should have liked to 
have tarried a day or two in New York, but on consideration deemed 
it best to improve the present moderate weather. From Boston to 
Albany I had a very pleasant companion, a Mr. Bleecker of Albany. 
I shall go on to Philadelphia with a Mr. Lovett, an agreeable, well- 
informed man. At Philade!j)hia I intend to stop and rest a spell. 
There I expect to receive a letter from you and hope not to be dis- 
appointed. I feel at present as if I should never submit to take 
many more of these journeys to Washington. However it may 
consist with my duty and honor, I am certain it will never agree 
with my feelings or increase my happiness. My thoughts are con- 
stantly travelling towards home, and I wish with all my soul I was 
going with them. I feel constantly anxious about you and the 
children, although I know no particular cause for my anxiety. Let 
me often hear from you, and know me ever sincerely yours, 

J. .Mason. 

JliKEMI.MI NfASO.N TC) MKS. MASO.N. 

Philadelphia, IVeilnt-sday, \st December, \?>\-^. 

Mv DKAR Marv, — . . . . Yesterday I was not out of my lodg- 
ings. To-day I dined with .Mr. Chauncey, who married the Miss 
Chester who was said to be so exceedingly beautiful. She has the 
appearance of a fine woman, but has very bad health, which I 
presume has made severe inroads ; for she, at present, certainly 
would not pass for a beautiful woman. The dinner was merely a 
family party, and I tarried but a short time. By the way, I believe 
I forgot to mention to you that I dined with George Blake the day 
I tarried in Boston. I met him accidentally, and he urged me very 
earnestly to a family dinner. I went and found a very large ])arty, 
consisting of General Gushing, a number of young navy officers, 
and others, all strangers to me. I did not very highly enjoy the 
feast; the guests were not congenial, and I left them as soon as I 



Chapter III. 



68 



Memoir of jferemiah Mason. 



Chapter III. 



could with decency. Mrs. Blake talked a great deal about you 
with a very strong emphasis ; says she must and will come and see 
you soon — she thinks by sleighing this winter. I urged her to it 
and hope she will, as it would at least make a break in what I fear 
will be your dull monotony of a long winter. I could fill many 
sheets with the melancholy reflections I have had on this journey, 
but it would do no good ; if they continue, these journeys shall not 
be often repeated. I still think there were sufficient reasons why 
I should accept the appointment ; if after a fair trial it does not 
answer my expectations, I will get rid of it and return to my former 
quiet situation. Should this be the case, of which I think there is 
much probability, I still shall not regret having tried the experi- 
ment. It will in that event at least satisfy me of what otherwise I 
might never have known, that public employment cannot tend to 
increase my happiness. I have no fear of being able at pleasure to 
resume my practice, and do as much business as shall sufficiently 
occupy my time and answer my occasions. I hope the children 
will continue to do well. Tell them any evil report of them would 
give me exceeding pain. 

I remain sincerely yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, Sutitiay, 5/// December, 1813. 
Mv DEAR Mary, — I arrived here last evening from Baltimore. 
On the whole, my journey has been very tiresome, but by taking it 
moderately and stopping two or three times by the way to rest, I 
have got through without any injury to my health. I have been 
much more fatigued than I intended or expected to have been. 
Travelling in the stage wagons such a distance is almost intolerable. 
They are vastly more inconvenient this way, than at Portsmouth 
and Boston. I am at O'Neal's, my old lodgings. The chamber I 
engaged was not prepared for me, as I had expected. I am told I 
shall still have it. I think it probable I shall tarry here, but am 



Mrs. ^Jerovie Bonaparte. 



69 



not fully determined on it. 1 find no letters from you, for which 1 chapter in. 
am sorry, as I am anxious to hear from you. I think it probable I 
the mail has been delayed by the badness of the travelling. 1 hope I 
for letters to-morrow. Things here at present appear very dull. I 
am told that the members are crowding in, and that the city will 
be full in a few days. The prospect before me is not very promis- 
ing. I fear the winter will be long and tedious to me. I intend to 
engage as soon as I can in study and reading, and perhaps a little 
in the business of the Senate. I really fear that I shall not be able 
to find employment tolerably interesting to occupy my time. All the 
hours I used to devote to domestic duties and pleasures are to be 
otherwise disposed of. I shall often think of you, my dear Mary, 
and our children, around the parlor fireside. May the Author of 
good protect you and them, and grant that we may again meet in 
health and happiness. 

Affectionately yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, December 12, 1S13. 
Mv DEAR Marv, — I have become a little acquainted with 
Madame Bonaparte, who has a house in the neighborhood of my 
lodgings. She invited me to come and see her as often as I please. 
I think it probable I shall avail myself of her invitation. She ap- 
pears to be very lively and facetious, accomplished of course, and I 
think very handsome. Yesterday I dined at the President's. The 
party was mixed, and composed mostly of strangers to me. There 
appeared the affectation of ease without the reality. There was 
more state than elegance, and more elegance than good cheer. 
The President at his own table appears to little advantage. Mrs. 
Madison appears, I think, to more advantage, yet she by no means 
answers my ideas of a high-bred, courtly woman. She affects affa- 
bility and good-humor, and is said to be pretty generally popular. 
From appearances I do not wish or expect much from the palace. 



70 



Memoir of yeremiah Mason. 



Chapter III. 



The appearance of political affairs is less promising than I had 
hoped. There is no prospect of speedy peace, and not much 
chance of successful warfare. 

Sincerely yours, J. Mason. 

JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. 

Washington, Z^tVYOT Z'i-r 21, 1813. 
My DEAR Sir, — After a fatiguing journey, I arrived here at the 
opening of Congress. I am glad that I came on the first of the 
session, as business of much importance has been acted on. An 
Embargo Act, containing the provisions of the former acts with 
additions and alterations has passed. The vote in the Senate was 
twenty against fourteen. I inclose you the Presidents confidential 
message now made public, by which you will perceive that a pro- 
hibition of importations to a great extent is intended. This meas- 
ure has excited much sensibility here, as I expect it will in the 
Northern and Eastern States. I gave it all the opposition in my 
power. All the Federalists of course voted against it, but perhaps 
some of them find consolation in the belief that it will tend to 
destroy an administration which, if continued, they fear \vill destroy 
the country. Important results are certainly to be expected from 
this violent measure. I wish it was equally certain those results 
would be favorable to the true interests of the country. Such ex- 
pectations in similar cases have been so often disappointed, that I 
cannot readily give in to them. The merchants on whom these 
restrictions will in the first instance operate the most grievously, are 
of all classes of society the least apt to make a manly opposition. 
They have never acted with any concert, and have always in the 
end quietly submitted. Gain is their great object. They will never 
enter into a contest with the Government in which no money can 
be made. Last year they very valiantly determined to have nothing 
to do with the governmental loans. The event has shown that, 
with few exceptions, they were unable to resist the jarospect of 



E7nbai'S[o Act in the Senate. 



71 



profit. If this act should be rigidly enacted, and continued Iohl; 
enough in operation to bear with its full weight on the yeomanry of 
the country (as in time it must), an opposition may be expected which 
will put down the administration. This act has not been carried 
through the Senate by the personal influence of the President. He 
has not much influence. The administration party support him to 
gratify themselves, not him. The clamor e.xcited among the peo- 
ple of the Southern and Western States effected it. Messrs. Giles, 
Stone, and Anderson, who voted against the act last summer, fearing 
they should not be able to stem the torrent, now voted for it. Mr. 
Giles frankly avowed this motive. He and others say they expect 
much evil from it and no good except convincing the people the 
attempt is idle, a most humiliating confession. Giles and Stone 
have gone home under pretense of private business, but I suppose 
for the real purpose of taking care of the Legislatures of their 
respective States now in session. This is certainly a very humble 
employment for a proud man of high talents as Mr. Giles confessedly 
is. 

The apparently submissive acquiescence of the Senate to this 
measure for the pitiful reasons assigned, must doubtless tend to de- 
grade that body in the public estimation. It must not, however, be 
herein inferred that we are in future to act in entire submission to 
the executive will. Althoucfh our malcontent allies have failed us 
in this instance, they have not gone back to their ancient allegiance. 
The Senate contains some truly great men, and some others. Nearly 
all the talents are against the present course of public measures. I 
trust this will in the end operate favorably. 

Should the administration party immediately press their now im- 
portant project, they will, I think, carry it. It is most probable they 
will delay the attempt till they see how the embargo is relished by 
the people. 

The attempt made last winter to authorize the occupation by 
force of arms of the Floridas, it is expected will be renewed. It is 
pretended, you know, that a small portion on the western side is 



HAnER III. 



72 



Chapter III. 



Memoir of yeremiah Mason. 



included in the purchase of Louisiana. The pretense for the resi- 
due is a fear that the EngUsh will take it if we do not ; and also to 
prevent the English and Spaniards holding any intercourse with 
our Southern Indians. 

The army is to be arranged on a new plan. Many of the officers 
are to be deranged ; Wilkinson and Hampton, if they survive their 
present sickness, must follow Dearborn. I do not mean into mat- 
rimony, but into disgrace. Harrison, who is now here, is to be 
brought forward, and if an army can be had, sufficient to conquer 
Canada, Armstrong will try to obtain the command. A project is 
to be brought forward to fill the army by a requisition on the mili- 
tia. The plan is not matured. Some talk of an absolute conscrip- 
tion, others would admit of a fine in lieu of personal service. Some- 
thing of the latter sort may be expected. This plan I think will 
fail by the refusal of the militia to march out of the limits of the 
United States. 

The Canada War will in all probability progress slowly. 

It is whispered that Bonaparte has taken offense at our sending 
ministers to make peace under the mediation of Russia, and that 
our minister in France has not been admitted to an audience by 
the Empress, and further that Scrrurier, the French Minister here, 
has written a very impertinent letter to the administration like Tur- 
reau's.' 

Mr. Madison seems determined to consider Gallatin as legal 
Secretary of the Treasury, be he absent ever so long. 

Many think that office now absolutely vacant. If Gallatin does 
not soon return, there will be a noise on the subject, but I cannot 
say what it will end in. Everything must give way to what may 

1 On the fourteenth of June, 1809, a letter was addressed by M. Turreau, the French Minister, to 
Mr. Robert Smith, then Secretary of State, which was deemed offensive in tone, and subsequently 
withdrawn. A translation of the letter appeared in the Federal Republican, a paper published in 
Georgetown. See Niles's Register, vol. v. p. 37, where the translation, and a history of the letter, may 
be found. This matter came up before the House of Representatives, in January 1814, upon a reso- 
lution asking the President for information. See A'iles's Register, vol. v. p. 355 ; Benton's Abridg- 
ment, vol. V. pp. 125, 157. 



United States Senate. 



affect the next presidential election. This is the mainspring that 
puts everything into motion. 

A silly story is now circulated by the administration people, that 
Governor Tompkins of New York is to be the candidate for the next 
Presidency. This is to gull the good Democrats of New York. 
Tompkins is said to be a good-tempered, inoffensive man of moder- 
ate talents. The party cannot yet determine on their man. Any 
determination would disgust many. It must therefore be postponed 
as long as it can be. 

I am personally as well situated here as I could expect to be, and 
on pretty good terms with those whose good opinion I think most 
valuable. I however, feel severely the privation of domestic society 
and all its comforts and pleasures. 

I am glad to learn that Mrs. Appleton continues so well. Please 
to give my affectionate regards to her. 

I intend to write to you often and long. As my letters will be 
neither very legible nor logical, I will not insist on your reading 
them, when you have anything better to do. But according to the 
course here, I wish you to consider them confidential. 

I am sincerely yours, J. Mason. 

JERK.MIAH MASON TO MRS. MASON. 

VVASHt>fr,Ti)>i, Monlay Evcnhii^, zath December, 1S13. 
Mv DEAR Marv, — .... The newspapers will have informed 
you before this reaches you that all the old embargo laws have been 
■ enacted, and that the President has recommended a more ricid 
iiforcement of the non-importation laws against English goods. It 
has caused much excitement here, as it will through the Northern 
and Eastern States. The Southern and Western States are said to 
be clamorous for the mea.sure. This subject was several days be- 
fore the Senate in secret session, and finally carried as it was ex- 
pected it would be from the beginning. Three, who voted against 
it last summer, now voted for it. The measure is violent, and im- 



n 



CllAITKR III. 



74 



Memoir of yeremiah Mason. 



Chapter III. 



portant consequences may be expected. I gave it all the opposition 
in my power. In the secret session, I made a speech which was 
well received, and I am told has been a good deal praised.^ I have 
been urged to write it out and print it, but think I shall not. You 
will consider this, as you must everything I write, confidential. It 
is the more natural for me to write to you confidentially, as we are 
in Congress dealing much in that way. Personally, I am doing 
pretty well here. I have the prospect of being on good terms with 

those of whose good opinion I am ambitious Adieu, 

J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, December 25, 1813. 

My dear Mary, — . ... As I intended I am much by myself. 
I go to the Senate chamber usually about eleven o'clock, sometimes 
later ; if no uncommon lousiness occur, return by three p. m. and 
dine about four ; the evenings I generally spend in my own cham- 
ber in reading. This I intend to pursue more uniformly. I am so 
far from the lodgings of most of the members of Congress, that I 
am seldom interrupted by their calls in the evening. This I deem 
fortunate. There are so few people here who have both the ability 
and inclination to entertain company, that I do not expect to be 
much interrupted with invitations. I shall not court it nor avoid it. 
I have had the honor of eating a formal dinner with the President, 
and have been once at Mrs. Madison's drawing-room. The room 
was very full of people who wanted to see and be seen ; I do not 
care much about either. I shall be seldom there. I shall eat my 
Christmas dinner to-day with Messrs. King and Gore, who lodge in 
Georgetown, about half a mile farther from the Capitol than I am. 
They are the best people here or anywhere else. A Mr. Living- 
ston of New York, with his wife and family, has taken a part of the 

1 Mr. Mason's speech on the embargo bill, was made December 16, 1813, and is to be found in 
Bentoii's Abridgment, vol. v. p. 79. It is a brief discussion of the merits of tlie bill : simple in lan- 
guage, plain and forcible in statement, and unimpassioned in tone. 



Portsmouth Fire. 



/:> 



house in which I lodge, and live by themselves. Mrs. Livingston 
is the daughter of the late Chancellor Livingston, who was min- 
ister to France. They are very rich, and have a splendid equipage. 
Mrs. Livingston is an accomplished fine woman. I do not remem- 
ber whether I have mentioned to you that I have become a little 
acquainted with Madame Eionaparte ; I have seen her several times. 
To me she is a new character; she has all the quickness and vola- 
tility which is said to belong to the French, moves quick and talks 
fast and thinks little. She laughs much, but says she is unhappy, 
and I believe her; she has nothing to do but seek amusement. I 
fear she has nothing to expect which can afford her peace and hap- 
piness. Her companion, a Miss Spear (an elderly maiden lady), has 
a shrewd masculine understanding, has read much and thousfht 



more. They are opposites but rivals in nothing. 



Adieu, 

J. Mason. 



JIK'IMI \11 \1 \MiV TO MKS. M.\SON. 



Wasiiincton, Diccmher 29, 18 13. 

Mv r)K.\K Mary, — I yesterday received your letter of the 22d 
inst, giving the distressing intelligence of the fire. I most sincerely 
sympathize with the sufferers ; the distress must be extreme. We 
surely have ample cause for gratitude to Almighty God, that in the 
three great conflagrations which have surrounded us, we have been 
><pared. The view of the ravage must have been horrible, and your 
distress great. Mr. Webster has just arrived here and is consider- 
ably agitated. He knows Mrs. Webster is with you; I have told 
him she had Ixist tarry there till his return, and that I was confident 
it would be both convenient and agreeable to you. I see no incon- 
venience in it, and know you will do all in your power to render 
her situation as pleasant as you can. Poor Colonel Walbach is in 
much distress ; I hope you have invited her to take shelter with 
you. I think with you, that there are none of the sufferers who can 
have stronger claims on you than Mrs. Webster and Mrs. Walbach. 
You will of course do whatever is in your power for any and all of 



Chapter III. 



1^ 



CitAl'TKR III. 



Memoir of yereniiah Mason. 



them. Some of them must be reduced to great distress and be in 
need of everything. I wish you to inform me of such particulars 
relative to our friends, as I probably may not be informed of by the 
public papers. I hope you have not and will not permit this dis- 
tressing event to work so much on your feelings as to injure your 
health. 

Sincerely j'ours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, Sunday, January i6, 1814. 

My DEAR Mary, — I have your letters of 7th and 8th instants. I 
am glad to hear you are all so well and happy in a visit from your 
father and mother. I will write to your father and send you the 
newspapers you desire. I write little political intelligence to any- 
body. In truth, there are few secrets of a political sort to be com- 
municated. Most things known here immediately find their way 
into new.spapers ; and I do not like to indulge much in conjectures. 
It is difficult to form a very satisfactory opinion respecting the prob- 
ability of peace. I am rather inclined to the opinion that peace 
will take place, some time ne.xt summer or fall. But I am by no 
means sanguine in this opinion ; some things look likely for peace, 
and some things have the opposite aspect. I dined yesterday at 
General Mason's. He claims to belong to the old-fashioned nobility 
of Virginia. He has a very charming situation on an island, in the 
river Potomac, near Georgetown. The rage of the day seems to 
be domestic manufactures. General Mason is a great merino man. 
The second table-cloth, which was a very fine damask, was of home 
manufacture, and the thread all spun in the house. Mrs. Mason, who 
appears and is said to be a very fine woman, is also a notable house- 
wife. This union, contrary to our opinion of them, is said to be 
common in this part of the country. The prospect at present is, 
that the session will not end early in the spring. I shall be anxious 
to have it terminate as soon as the travelling becomes good. I 



Prospects of Peace. 



want much to be at home, out of this turmoil. The weather here 
has been unusually cold. The snow has been half a foot deep a 
fortnight. Last night a rain carried off the most of it, and the 
weather, which is now mild, will, I hope, soon finish the rest. 

Affectionately yours, etc., 

J. Mason. 

JERKMIAII MASON' T(i MRS. MASON. 

Washington, January 23, 1S14. 

Mv DEAR Marv, — .... You say some of my letters are 
short, and you want me to write you some politics. I doubt whether 
the subject would be entertaining to you. I have such subjects so 
constantly dinned in my ears, that I am almost tired with them. 
On the prospect of peace, about which there is such public interest 
e.xcited, it is not easy to form a very satisfactory opinion. The 
defeat of the French, and ill-success of our army on the Canada 
frontier, have greatly depressed the expectations of our government. 
At the present moment they doubtless wish for peace. But any 
trivial change of fortune or increase of their popularity, would 
change their wishes. The two governments have adopted such 
opposite principles respecting the right of impressing seamen, that 
it will be found no easy task to make peace. I have been at church 
to-day, and heard a Mr. Mead preach who is much celebrated here. 
He is a young man,ver)' simple and unaffected in his manner, earn- 
est and impressive, with no show of learning, very zealous, and I 
think a little Methodistical. I was, on the whole, a good deal pleased 
with him. The most of the preachers here are very ordinary. I 
live a very regular and somewhat monotonous life, amid all the 
noise and bustle of this place. My evenings I spend mostly in my 
chamber, attending sometimes to business and sometimes to read- 
ing. I am tolerably supplied with books. I have been two or three 
times to Mrs. Madison's drawing-room, which I believe will answer 
for the winter. I think I mentioned to you I had made an acquaint- 



11 



ClIAITER III. 



78 



Memoir of yeremiah Mason. 



Chapter III. 



ance with Madame Bonaparte, and her companion, Miss Spear, and 
think it probable, added, that I intended to pursue it. That was 
my intention. Her house is near my lodgings. She gave me an ap- 
parently very frank invitation to come and see her often, etc. I have 
sipped her tea several times, and have generally found her sur- 
rounded by fashionable old and young men. She and her visitors 
are made up mostly of fashion. The conversation is, of course, of 
that tinsel kind, which is not even very interesting or instructing, 
and will not wear long. I am about concluding that I shall not 
derive much benefit from it, and do not intend to have much more 
to do with it. Messrs. King and Gore and their wives are the best 
people I have found here. I see them pretty frequently, and the 
more I see of them the better I like them. Mr. King is a very great 
man ; Mr. Gore great enough. The women both have bad health, 
and not disposed to be much in company. I begin to think of the 
end of the session, for I cannot express how ardently I wish to be 
with you. As yet no opinion can be formed when it will end, but I 
shall be very impatient as soon as the roads are settled in the 
spring. Adieu, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, yaiiuary 29, 1814. 

My dear Mary, — I have your letter containing your criticisms 
on my speech against the embargo law. Whatever I may think 
respecting your impartiality on this subject, be assured the world 
does not contain a person whose favorable opinion on this or any 
other subject, interesting me, I so highly appreciate. That speech 
when delivered was thought well enough of by those few who heard 
it, and who were predisposed to think well of it. Like occasional 
sermons, it was published at the special request of such of the 
hearers as liked it. Should it attract any notice (about which, 
although not anxious, I am not entirely indifferent), it will, with the 
public, experience a similar fate. Such as are disposed to think 



Education of Children. 



79 



favorably of its author and object, may probably incline to receive it chaiier hi. 
favorably, while those otherwise disposed will treat it with contempt. 
From your letter, I fancy you have rather more sensibility respect- 
ing this bantling than I have. I advise you to moderate it. I have 
no intention of suffering my happiness to depend on popular breath. 
The foundation is too unstable. Subjects of high importance are 
almost constantly agitated here, and my mind has become much 
engrossed by them. Of the objects and intentions of the adminis- 
tration, I think worse than I formerly did. You expressed a wish 
I should write to you sometimes on political matters, and particu- 
larly to give you my opinion respecting the prospect of peace, which 
you may tell to those who so often inquire of you. The wish is 
natural and reasonable, and yet I cannot often comply with it. Un-^^j 
less I write with great precision and attention, which I cannot well 
take the labor of doing, there would be danger of misapprehension 
which might be inconvenient. With you I have no secrets on this or 
any other subject, but you must keep them to yourself You may tell 
anybody who inquires, that my opinion respecting the probability of •* 
peace seems to be very doubtful. This is the real fact. The rea- 
sons are many, and would be tedious in detail. I am gratified by 
knowing the children are doing well. Of all things this is the most 
important to us. The more I see and reflect, the more highly I 
estimate the importance of the early education of children. The 
instances of profligacy which I often see here, may generally be 
traced to the want of a good moral and religious education in early 
life. If habits of morality and religion are neglected in early life, 
they will usually never be acquired, and even if acquired at a later 
period, they will set but loosely. I know it to be unnecessary for 
me to impress on you the importance of this subject, but I assure 
you that from my observation here, it has acquired in my eyes addi- 
tional importance. Religion is the best if not the only foundation 
of morality. Without morality a man, whatever be his situation, 
either high or low, is good for nothing, and a woman worse than 
nothing. Give my love to the elder children and kiss the little ones 



So 



Chapter III. 



Memoir of yeremiah Mason. 



for me, and return my respects to Miss Pickering and such other of 
your friends as have sent me any. 

Affectionately yours, J. Mason. 

JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. 

Washington, yaniiary 29, 18 14. 

My DEAR Sir, — I have your letter of the 14th of January, for 
which I thank you. 

When the peace overture (as the administration people call it) 
was first received and accepted by our government, strong expecta- 
tions were entertained that the negotiation must end in peace. But 
after more deliberate reflection, much doubt is expressed of the 
result. 

In their present dejaressed and disturbed condition the adminis- 
tration part}' doubtless wish for peace. They would at the present 
time accept of a peace on any terms which would afford them a 
good prospect of retaining their power. I am of opinion they are 
much more anxious to perpetuate their own power than to secure 
the nation from disgrace, distress, or even ruin. This ought not to 
be believed of all of them, but I do believe it justly applies to a 
majority of them. 

The total failure of our and the French arms has alarmed them. 
Any trifling success of either would change both their feelings and 
wishes. But even if they should continue to wish for peace, as it is 
probable they will, it is doubtful whether they can obtain such terms 
as they will dare accept. After destroying the commerce of the 
country and incurring an immense debt, they must obtain from 
Great Britain the appcaratuc of some concession, or hazard the 
loss of their own power. 

Of what she calls her commercial rights, Great Britain will in 
reality concede nothing. 

I have seen a letter of recent date from a character of very high 
standing in England, saying that though desirous of peace the 



Hiiglish Sentiment. 



8i 



Ljovernment and people are on this subject united and determined. 
The same may be inferred from the Prince Regent's speech to Par- 
liament, from Lord Castlereagh's dispatch to our government, and 
from the former negotiations. It is believed Great Britain will at 
the present time be extremely cautious on this point. She knows 
all the nations of Europe are jealous of her naval power, and justly 
fears that when freed from the French tyranny on land, they will 
endeavor to fix limits to this naval power. She will therefore be 
cautious how she concedes anything which she claims as a right, 
through fear that it may induce those nations to press her on other 
points, and that such concession may in some measure be urged 
as a precedent. For the same reason there will be a difficulty in 
obtaining the mere semblance of a concession to enable our gov- 
ernment to gull the people. Perhaps some device may be hit on to 
answer this purpose. On the great point of difference, the right of 
Great Britain to take her seamen from our merchant vessels, it is 
supposed by some she will agree to forbear the exercise of the right 
tor a short period (by way of experiment to see what would be the 
effect) on condition we totally forbear to employ her seamen in the 
mean time. I think it probable some such expedient maybe agreed 
iin. But many believe our government have no intention for peace 
n any terms ; that this negotiation is opened for no other purpose 
but to obtain loans, fill the army, and gain popularity. The char- 
acters of the envoys lately appointed, and some other circumstances, 
tend to support such an opinion. 

You express a wish that Mr. King might be the envoy. There 
was some talk among his friends here of the same kind. But no- 
body who knew the President and his supporters believed there was 
the least chance for it. Mr. Bayard, you know, wa.s a federalist of 
pretty fair character. He is, however, very ambitious, and had a 
strong desire to visit PZurope. Fears are entertained that he and 
Mr. Madison have a more intimate understanding than the public 
know of. I do not believe that Mr. Bayard, when he left this coun- 



Chapter III. 



82 



Memoir of yeremiah Mason. 



Chapter III. 



try, expected to make a treaty under the Russian mediation. They 
could have no hopes of managing Mr. King. 

If you were not aided by certain theological opinions somewhat 
unfavorable to human nature, you would find it difficult to conceive 
the degree of wickedness and total depravity to which our great 
men here have arrived. They have drunk deeply at the French 
fountain. Wickedness and corruption constitute the only bond 
which unites them. They entertain the most violent jealousy and 
hatred towards each other. I have lately received, from a source 
not to be doubted, a budget of stories and projects which were in- 
tended to be put off for great secrets. Some of the particulars 
were new, but in the result not calculated to work any change of 
opinion. 

The individuals composing the administration and their imme- 
diate supporters, are often contriving plans to destroy each other. 
Fear of destroying themselves restrains them. How long such a 
bond of union will protect them I cannot say. There has been an 
intention to turn Armstrong out of office, which would have made a 
great explosion. 

Old General Dearborn was to have been again placed at the head 
of the army. But I believe A. has bullied them out of it. He in- 
tends to run down all the old generals who I really believe are good 
for nothing. -He wants to be at the head of the army himself, but 
it is very doubtful whether he will succeed. He has more reputa- 
tion for talents than any man in the administration. 

There have been some very animated debates in both houses on 
the bill increasing the bounty for enlistments. No effect was pro- 
duced in Congress, and probably will not be anywhere else. 

A few days ago I moved a resolution in the Senate declaring the 
Treasury vacant by reason of Gallatin's absence. It is ordered to 
be taken into consideration a week from next Monday. There is 
good prospect of carrying it at this time, but I fear some who it is 
expected will vote for it will fail us. If carried it will be severely 
felt by the President. 



Vacancy in the Treasury Department. 



The doings of the Massachusetts Legislature excite considerable 
ittention. I fear they will go too far, and that the people will not 
support them. I think they ought to follow and not lead public 
opinion. I have not much infonnation on the subject, but I do not 
believe the people of New England are prepared to support the 
strong declarations made by your Legislature'. Indeed I do not sup- 
pose that anything more than mere declaration is intended at the 
present.' 

I rejoice that Mrs. Appleton continues so well. Please to make 
my respects to her, and believe me to be sincerely yoj.irs, 

J. Mason. 

The intention of invading Florida has subsided with the defeat of 
Bonaparte. 

JKKl.MlAll MASMN m MRS. MASON. 

SuNDAV EvENiNc, February 6, 1S14. 

Mv DEAR Marv, — I have not been at church to-dav, but have 
been pretty much employed in my chamber in examining the merits 
■ f certain resolutions I moved a few days ago respecting a vacancy 
in the Treasury Department, by reason of the absence of Mr. Gal- 
latin. They have excited some attention, and are assigned to be 
debated to-morrow. I expect the administration party will post- 
pone them and not suffer the debate to be gone into, or the resolu- 
tions to be in any way acted on at present. This however is doubt- 
ful. There is some prospect we can get a majority in favor of the 
resolutions in the Senate. If so, the President will be in trouble, 
and what is better will be obliged to appoint a new Secretary of the 
Treasury.'' I believe I should have been better employed at church, 

' The I.cgislatiirrnf M.\ss.nchusctis, in the winter session of 1814, took ven- stronR ground against 
the w.-ir anil the policj- of the administration, and mmc than once went to the extreme bounds, alike 
of prudence and patriotism, if not Iwyimd them. Mr. Mason had too much wi.sdom and too cahn a 
temperament to approve <<( their CDur^e. lie here is doubtless alluding to the answer of the House 
of Representatives to the Governor's speech, drawn up by Mr. Olis, and adopted by a large majority, 
January 21. 1814. Sec Columhi.iu Cenlinel for January 26, 1S14. 

' On the 24th day of J.irui.irv iSi ), \rr. M.is.m submitted the following resolutions : — 



83 



CH.M'IER III. 



84 



Memoir of yeremiah Mason. 



Chapter III. 



but the truth is I cannot well go for want of a seat. There is no 
place of public worship I like, except the church at Georgetown. I 
have an invitation into two pews, but when I have gone I generally 
find them full, and have to turn somebody out, which is unpleasant. 
The church is not larger than a New England school-house. I 
dined last week at a Mr. Peters', whose wife was a Miss Custis, 
granddaughter of Mrs. Washington, with a very pleasant party of 
Kings, Gores, etc. Mrs. Peters is a fine woman, and reputed sen- 
sible. 

At the invitation of Messrs. King and Gore, and to help make up 
their party, I have been foolish enough to go again to Mrs. Madi- 
son's drawing-room. I trust I have now done for this season. I 

" Resolved, That the Department of the Treasury is a principal and indispensable office in the Ad- 
ministration of the Government of the United States ; 

" That the duties of this office are at all times important ; that at the present time, when plans of 
finance are to be devised, taxes to be imposed, loans to be obtained, and large sums of money to be 
expended and accounted for, these duties have become more arduous ; and that the talents, integrity, 
and diligence of a competent and responsible officer are alone sufficient to discharge them ; 

"That, by his message of the 7th of June last, the President of the United States informed the Sen- 
ate that he had commissioned Albert Gallatin, then Secretary of the Department of the Treasury, to 
proceed to Russia, and there, with otliers, to negotiate treaties of peace and commerce with Great 
Britain, and a treaty of commerce with Russia ; 

" That, pursuant to such commission, Albert Gallatin departed from the United States in the month 
of May last, and hath ever since been, and still remains, without the limits of the United Stales ; 

"That, by reason of the said commissioning, departure, and absence from the United States of the 
said Albert Gallatin, the office of Secretary of the Treasury became vacant, and is now vacant ; 

" That such vacancy, in the office of the Secretary of the Treasury, affects the public credit, retards 
the current service, endangers the general welfare, and ought no longer to exist." 

These resolutions came up for consideration on Monday, February 7th, and after a brief discussion 
between Mr. Mason and Mr. Bibb, of (ieorgia, were postponed to the succeeding Friday, but on that 
day Mr. Campbell, of Tennessee, announced his resignation of his seat in the Senate, and was imme- 
diately after nominated and confirmed as Secretary of the Treasury. 

The object proposed by the resolutions having been accomplished, Mr. Mason, on the 14th of Feb- 
ruary, moved the indefinite postponement of his motion, and submitted the following resolution : — 

"Resolved, That a committee be appointed to inquire in what cases the President of the United 
States may, consistently with the Constitution, be authorized by law to appoint persons, without the 
advice and consent of tlie Senate, to perform the duties of the .Secretary of State, of the Secretary 
of the Treasury, of the Secretary of War, and of the Secretary of the Navy. And also to inquire 
whether it is necessary or expedient to repeal or amend the act of the 3th of May, 1792, entitled, 
'An Act making alterations in the Treasury and War Departments,' and the Act of the 13th of 
February, 1795, amending the aforesaid act ; and that said committee report by bill or otherwise." 

Mr. Mason, Mr. Giles, and Mr. King, were appointed the committee on the above resolution, but 
no report was made I)y them, and the subject appears to have been dropped. 



Vacancy in the Treasury Departmerit. 



think less favorably of peace than when I wrote you last about it. 
. . . . I am, as always, affectionately yours, 

J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washint.tox, /l-i^r«ar>' lo, 1814. 

My DEAR Mary, — I have been gratified with your letter of 31st 
January. I am glad Miss Marsh is with you. I trust from your 
account of her you will be pleased with her society. I believe I 
mentioned to you in one of my letters that I had moved a resolu- 
tion in relation to the vacancy of the Treasur)' Department. The 
object was to compel the President to appoint a new Secretary of 
the Treasury. When the resolution was called up last Monday, I 
was prepared, with others, to go into a discussion of some length. 
One of the administration people moved to postpone it, assigning 
for reason, that the President would in a day or two nominate a new 
Secretary of the Treasury. To this I assented. It was considered 
here as somewhat of a triumph to compel the President to appoint 
a Secretary, as it is believed contrary to his previous intentions. 
He has since nominated G. \V. Campbell, a Senator from Tennessee, 
who has been approved by the Senate. He has few of the neces- 
sary qualifications for the office. 

The Goldsboroughs who I mentioned to you, have come here. 
The youngest daughter was lately married. Last evening they 
went to the Queen's drawing-room. I was much urged to accom- 
pany them but declined. It is rather a stupid place to frequent 
often. I have as much society here as I wish for. Perhaps one 

reason is that I do not wish for a great deal 

Sincerely and affectionately yours, 

J. Ma.son. 



85 



Chapter III. 



S6 



ClIArXKR III. 



Memoir of Jeremiah Mason. 



JEREMIAH MASON TO MRS. MASON. 

Washington, 13/// February, 18 14. 

My DEAR Mary, — I have received your very excellent letter of 
6th inst. I have expressed my wishes to have particular attention 
paid to the education and morals of the children. But I have no 
fear that you will omit anything in your power, and I hope that my 
absence will not be any special inconvenience to them. Be assured, 
however, my desire to return home is not exceeded by yours to have 
me return. The weather has been for some time very unpleasant. 
There has been but one clear, sun-shining day for a fortnight. It is 
warm but cloudy and wet. My health, however, continues good. 
Were it not for the deprivation of all domestic society and enjoy- 
ment, I should like my situation here pretty well. This loss I feel 
very grievously. I am in company not a great deal, but as much as 
I wish to be. I am so far from the Capitol as not to be exposed to 
very frequent calls and interruptions of Congress people. By this 
means I have more leisure and better command of my time than I 
otherwise should have. 1 dine out not very often. Indeed there is 
not great danger of it. Invitations are not very pressing. In 
mixed tea-drinking parties I find not much amusement and still less 
instruction. I shall have little to do with them. I wish you to tell 
me what is said of the prospect of success at the apjjroaching elec- 
tion. Affectionately yours, J. Mason. 

JEREMIAFI mason to MRS. MASON. 

Washington, February 23, 1814. 

My dear Mary, — . . . . My resolutions which you mention an- 
swered all the purpose intended. To avoid a discussion, the Presi- 
dent, contrary to everybody's expectation, appointed anew Secretary 
of the Treasury. Our people considered it a triumph. I shall in 
a few days have the subject up in a new form, which will afford an 
opportunity to review the President's conduct, and provide against 



Rcmcnnil of the Postmaster-general. 



87 



it in future. The new Secretary is good for nothing, but that is not 1 chapter hi. 

our fault. I perceiveJ3yj^)ur l etters y oiLhaYe_aii,in.clinat.iQn to 

become a politician. As myJaste_also.i&.incliiiLagjJiai_way, I do not 

dislilit' being JoiTu-cTby you. I fear the journey PTa^- not prove very l^^ 

pleasant! ~I intend to retain the power of stopping and turning back ! 

when tirecn When that shall happen, I have no doubt you also will 

be enough tired of the pursuit to join me in quitting it. 

As always, sincerely yours, J. M.vson. 

JKRE.MIAH M.ASU.N TO MRS. .MASON 

Washi.vcton, February 27, 1814. 

Mv KEAR Marv. — It is almost a week since I received any let- 
ters from you or the children. You must write oftener. If you do 
not find time to write long letters, write short letters. I want to 
hear from you often. Aflairs here go on much in the usual style. 
The government conduct badly, and the opjjosition complain griev- 
ously. I see little prospect of things mending for the better. The 
government is often perplexed and embarrassed, but they have no 
intention of changing their course, and will not do it till compelled. 
I do not see much chance of things getting into a better channel. 
Mr. F"rancis Blake, who has been here several days, says he expects 
his brother George and wife here in a few days. Richard Derby 
and his celebrated wife arrived here two days ago. Master Richard 
called on mc yesterday. I think it probable I shall see his wife, as 
I suppose she has come here to show herself I was invited to spend 
this evening at Mrs. King and Gore's, where she was to be, but I 
was detained by engagements at home. I take little interest in the 
generality of the company I see here. Mr. Granger, the Post- 
master-general, has just been turned out of office. It makes con- 
siderable noise, but will soon blow over. I believe all the children 
owe me letters. I hope the dear little souls are well. Give my love 
to them all. 

With sincere affection, yours, J. Mason. 



S8 



Chapter III. 



Me^noir of yeremiah Mason. 



JEREMIAH MASON TO MRS. MASON. 

Washington, March 20, 18 14. 

My DEAR Mary, — . ... I continue to enjoy good health, and 
except when vexed by the recollection of the situation of public 
affairs, in pretty good spirits. I entertain very unfavorable opinions 
.of the conduct and characters of the persons in government. With 
few exceptions their object is personal aggrandizement, which they 
pursue without much regard to the public good. The means they 
use to effect their purposes are sometimes mean and base, and 
wholly unfit for honorable men. Entertaining such opinions of 
them, you may be sure I court no personal intercourse with them. 
The little intercourse I have with them is formal and ceremonious. 
My second invitation to dine at the palace (which is a matter of 
course), I declined for itidisposiiion. Among those who generally 
support the administration, there certainly are some honest, honor- 
able, and lofty-minded men. They sometimes find themselves em- 
barrassed in supporting the measures of the government. In the 
opposition may doubtless be found many ambitious men, but with 
few exceptions I think their objects are honorable, and if attained 
would prove beneficial to their country. The Mr. Blakes have 
returned home. I saw but little of them. Ogilvie has been here 
delivering his orations and recitations some time. I have not yet 
been to hear him, but intend to. He inquired after you and his 
Portsmouth friends with apparent interest. I intend to write to the 
children if I have time. Make my respects to Mr. Fales and Miss 
Marsh. I am, truly yours, 

J. Mason. 

P. S. — The news we have of the New Hampshire election is not 
very gratifying. We suppose it carried by a very slim majority. 



Massa ch 71 se tts L cs'isla hire. 



89 



JEREMIAH MASON TO THE REV. JESSE APPI.ETON, U. D. 

Washington, March 27, 1814. 

My DEAR Sir, — I did not intend to have nesflected so lone to 
answer your letter. Some engagements and much habitual indo- 
lence must be my excuse. 

I agree with you in opinion that the Legislature of Massachu- 
setts, in their late measures of opposition, went quite as far as duty 
or prudence would permit. The situation of the nation is in many 
respects truly deplorable, and the prospect of a change for the bet- 
ter almost hopeless. I cannot, however, think it prudent to excite 
among the people an inclination to look to a dissolution of the 
Union for relief I do not believe any considerable number have 
even thought of attempting it. I am confident the people in no 
section of the Union are prepared to think favorably of such an 
attempt. I am pretty well informed of the extent of the projects in 
Massachusetts. They went far enough ; but a dissolution of the 
Union was not intended. All the advice from this place dissuaded 
from violent measures. It is not easy to point out the means of 
relieving the country from its ])rcsent distress ; but surely a disso- 
lution of the government should be the last resort. It is a sort of 
suicide. If effected it would ruin the country. The attempt with- 
out success would ruin the j^arty making it. Suppose the present 
government destroyed, is it certain the Northern and Eastern States 
could again agree to associate under any form of government.'' If 
they did, would they get a better government than the present, or 
would it not probably be as badly administered. Wiiere is the 
curity of being more free from internal faction and the corrupt 
influence of wicked demagogues .' We should certainly be more 
exposed to foreign influence, and be in constant danger of collision 
with the States not associated with us. 

Indeed I see no probable way in which a dissolution of the Union 

Such a war might terminate 



Chaiter III. 



would take place without a civil war. 



90 



Chapter III. 



Memoir of yeremiah Mason. 



in the establishment of separate governments, but I think more 
probably in an arbitrary government over the whole. At present 
there is in this country little fear or jealousy of the exercise of arbi- 
trary power. The people never having suffered to any considerable 
degree from such power know not its evil effects. They love the 
theory of a free government because they have always heard it 
praised, and they love the practice of it because they have long 
lived happy under it. They also hate both the principles and prac- 
tice of an arbitrary government, but they do not fear them. They 
seem to think there is no possibility of the establishment of an 
arbitrary government in this country. I cannot help thinking some- 
times that this extreme confidence in our supposed safety is danger- 
ous. After witnessing the wonderful revolutions of the govern- 
ments and conditions of the nations of the world within the last 
twenty years, brought about also by the consent or culpable apathy 
of the people, we ought not too readily to believe it impossible that 
something of a similar nature may happen in our own country. 

Our political institutions are new and not very well understood 
by the people. Our government is weak, and has been for the last 
thirteen years carried on by courting their prejudices and worst 
passions. I am not certain that our people are so much more en- 
lightened and virtuous than the rest of mankind, as their dema- 
gogues are constantly telling them. We are not without ambitious 
spirits ready to take advantage of occasions. I do not, however, 
believe there is any immediate danger of the establishment of an 
arbitrary government by usurpation. I think the country is not yet 
prepared for it, but I fear it is preparing. I do not see much chance 
of the governments getting into better hands. Should that happen, 
no men in the nation could raise it from its present degraded condi- 
tion up to the tone and style of Washington. 

The government must probably for many years remain in this 
degraded state, vibrating between life and death. The administra- 
tion may often pass from one faction to another. Each faction, with 
intent of securing the continuance of their power, will gratify the 



Mas sac J I ti setts Lep islatu re. 



worst prejudices of the people, and pursue measures they know to 
be base and unworthy. Such a course would probably soon end in 
confusion, out of which niicjht arise a new order of things, were it 
not that the State governments will be able, as it is hoped, to afford 
a tolerable degree of security for individual rights. 

Serious apprehensions are entertained for the loan of the present 
year. The government dare not lay new taxes, or even perpetuate 
the old ones, and pledge them for the redemption of the loan. I 
think the loan will be obtained, but probably on terms very disadvan- 
tageous to the country. A project is just started of creating a 
National Bank, with a capital of thirty millions to aid the loan. 

General Hampton has resigned. Wilkinson will be laid aside. 
It is probable a court of inquiry is ordered on the subject of his 
last campaign. Contrar)- to expectation last fall, Harrison will be 
kept in Ohio or among the Indians. The young Generals Izard, 
Brown, McComb, Smith, etc., will be brought forward. Izard will 
probably have the chief command. I think no Lieutenant-General 
will be appointed. 

The Secretary of War will keep all the operations of the army as 
much as possible under his own direction. He has the reputation 
of more talents than any other in the administration. 

Till within a few days it was confidently expected Congress would 
rise the i ith y\pril. It is now doubted. I hope to be at home by 
the last of April. 

You seem to have a good prospect of preaching quanhnu sufficit 
at Boston elections. I think they are disposed to draw rather heavily 
on you. My respects to Mrs. Appleton. 

I am as alwnv^ truly yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

W..\SHi.\GTON, April 7, 1814. 

Mv DEAR Marv, — I can give you no more certain information 
respecting the rising of Congress than in my last. The House of 



91 



ClI.M'lER III. 



92 



Memoir of yei^'emiah Mason. 



Chapter III. 



Representatives are now employed in repealing the embargo and 
non-intercourse acts, and on a bill to incorporate a great national 
bank. Several other projects are on foot which will consume con- 
siderable time. The spring is coming forward rapidly. The cherry- 
trees are in full bloom, and the weather has become mild and pleas- 
ant. I wish very ardently to be on my way home. I have become 
tired of being here, and almost everything and everybody I see here. 
You may therefore be certain I shall be with you as soon as I can. 
Give my respects to Mr. Fales and Miss Marsh, and love to the 
children. 

Sincerely yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Philadelphi.\, April 22, 1814. 

My dear Mary, — I went on board the steamboat, as I wrote you 
I intended, in the afternoon of Wednesday. It was stormy when we 
set out, and increased during the night, which was extremely dark. 
About midnight the boat struck on a sand-bank. It was so dark 
that nothing could be seen. We supposed ourselves near the west- 
ern shore. In that situation the boat remained till daylight, when 
we discovered ourselves to be near the middle of a narrow part of 
the bay, two or three miles from either shore. Had we known our 
situation during the night we should have felt somewhat uneasy. 
The tide set the boat afloat at six o'clock, and without further diffi- 
culty we got to Frenchtown at noon. In the afternoon we crossed 
the isthmus to Newcastle, on the Delaware, and there went on board 
another steamboat, which brought us here about two o'clock last 
night. The weather has been very bad, which has made the roads 
unusually bad. Thus far, however, I have come on without much 
fatigue, and am entirely well. I intend to set out to-morrow or 
on Sunday for New York, in a line of stages which goes through 
Somerset in New Jersey, north of the common route, and is two 
days in going through. The roads that way are said to be pretty 



Apprehended attack on Portsmouth. 



stages are 



good, a part of the other way almost impassable. The 
much crowded. In your last letter you mentioned that there was 
talk at Portsmouth of danger from the enemy. I have since seen a 
paragraph in the newspapers that a squadron was supposed to have 
been seen off the Isle of Shoals, and that the vessels had been 
moved up the river. I hope there is no occasion for the alarm. If 
an attack should be made, it must be known several hours before 
the enemy can be in possession of the town. I wish you not to be 
alarmed by conjectures or idle reports. If, however, a real attack is 
made (as I have before told you), I wish you immediately to fly into 
the country. The best road will probably be towards Exeter. Do 
not delay to remove furniture. Put a few light articles of most 
value into the horse-cart with yourself and children, and take Mr. 
Fales or Joshua to conduct you. If Joshua or some of the servants 
would tarry at the house it would be best. I doubt whether they 
would. Joshua would probably be called out with the militia. If 
none would tarry, let them follow you. Shut up the house and se- 
cure it as well as you can from thieves, in case the enemy should let 
it alone. Their principal object will be the destruction of the sev- 
enty-four gun ship. I do not e.xpect they would attempt a landing 
in the town, should they destroy or try to destroy the ship. I wish 
you, however, not to rely on that ; but if an attack should be made 
on navy-yard or port, instantly to retire. I do not suppose there is 
any probability of such an attemjjt. I still wish you to be prepared 
how to act in case of such an event, so as not to lose time by inde- 
cision. At New York I shall expect a letter from you. Should the 
alarm continue, I shall hasten home as fast as possible. I shall set 
out for New York to-morrow, if I can get a seat in the stage with- 
out being excessively crowded. I want to tarry in New York a day 
or two if I can. 

Affectionately yours, J. Mason. 

The third session of the Thirteenth Congress began on the 19th 
day of September, 18 14, having been summoned by a special proc- 



93 



CHAP-IER III. 



94 



Memoir of Jeremiah Mason. 



Chapter III. 



lamation of the President. The events whicli liad taken place since 
the adjournment in March, were not of a kind to exhilarate the 
public mind or lessen the task of the admirlistration. On the 
Niagara frontier, the tarnished honor of American arms had been 
in some degree restored by the gallantry and good conduct of 
General Brown and General Scott ; but in settling the military 
account of the summer, the balance was decidedly against us, and 
the war had gradually passed from an offensive to a defensive 
kind. The national pride had been deeply wounded by the cap- 
ture of the Clicsapeake in June. The eastern coast of IVIaine was 
in possession of the enemy, and most of the seaport towns were 
blockaded by his fleets. In August a British force had marched to 
Washington, burned the Capitol, the President's house, and some of 
the other public buildings, and retired. In local and state elections 
the Democratic party had lost ground, and sullen and ominous 
clouds of opposition were gathering in the northern heavens. The 
currency was disordered, the finances were in the greatest confusion, 
the expenses of the government far outran its income, and in con- 
sequence its credit had sunk so low that the poor resource of bor- 
rowing, on which it had thus far relied to supply the deficiency, 
seemed likely to stop. The administration were at their^ wits' end, 
and the President's special message at the opening of the session 
was a pathetic appeal to the country for men and money. 

Mr. Mason did not take his seat till the 4th day of October, and 
he remained in Washington till the 24th day ot February, a few 
days before the close of the session. He was constant in his place 
in the Senate, and his name appears in several occasional commit- 
tees. He made an elaborate speech on the Militia Bill, hereinafter 
noticed. Much of the time of both houses of Congress was given 
to the question of a bank of the United States, and Mr. Mason, who 
understood the subjects of banking and the currency, doubtless took 
part in the Senate discussions on the subject, but the system of re- 
porting was very imperfect in those days, and much of what was 
said in debate was never set down. 



Mrs. Madison. 



95 



His letters to his wife and his friend Dr. Appleton give us glimpses 
of the course of public business and of his share in it. 

JERK.MIAll .M.\><>.\ ID MRS. MASOX. 

Washington, Oclolur 6, 1814. 
Mv ni.AK iMakv, — .... The expectation of a removal to Phil- 
adelphia gains strength. It will be determined in a few days in the 
House of Representatives. I still think the issue very doubtful. 
The discussion has created a most violent excitement among the 
people of this district and vicinity. The derangement occasioned 
by the visit of the enemy to this place is much greater than I had 
supposed. The destruction of the public buildings and papers pro- 
duces serious inconvenience. The Administration are severely and 
almost universally condemned for their misconduct on that occa- 
sion. They seem to be falling into general contempt. Poor Mrs. 
Madison, it is said, shows the most sensibility on the subject. In 
her flight from the enemy, she was not only without assistance or 
consolation from the inhabitants, but treated with abuse. The Pres- 
ident left her to shift for herself She often heard her husband 
execrated for his misconduct and pusillanimity. On the night the 
British occupied the city, she attempted to find refuge in a private 
room of an inn, about twenty miles distant, which was occupied by 
a lady who rudely and peremptorily ordered her to depart. The 
disgraceful and distressing stories told are innumerable. 

Sincerely yours, J. Mason. 

JERKMIAII MASON TO MRS. MASON. 

Washington, October?!, 18 14. 
Mv DEAR Marv, — Nothing has yet taken place which is consid- 
ered in any measure conclusive on the question of removal. Were 
it not for the excitement and clamor of the inhabitants of this place, 
I should expect we should remove. As the matter is, I am wholly 



CHArXER III. 



96 



Memoir of yeremiah Mason. 



Chapter III. 



in doubt as to the final determination. The government is in utter 
confusion and distress. Without a cabinet, without credit or money, 
the nation is in a most deplorable condition. Opinions of the pros- 
pect of peace are as various as they were with us before I left you. 
The intention of the government seems to be to lay heavy taxes to 
restore their credit. 

Tell Mary I received her letter and will answer it soon. 

Faithfully yours, J. Mason, 

JERKMIAII MASON TO MRS. MASON. 

Washington, October i6, 1814. 

Mv DEAR Wife, — .... The House of Representatives yester- 
day determined, by a majority of five or six votes, against removing 
to Philadelphia. I was prepared to expect it. If the war continues, 
I think the government will be removed from this place within a 
year from this time. More despatches are expected soon from our 
Commissioners at Ghent, which will probably give notice that the 
negotiation is ended. There is a possibility, but little probability, 
the negotiation may be continued and terminate in peace. Some 
of the terms proposed by the British envoys are wholly inadmissi- 
ble. Our government is destitute of everything the exigency of the 
times requires. The country must probably encounter extreme 
suffering. I do not believe the enemy thinks of attempting a per- 
manent conquest of any portion of our country. I am glad the 
alarm and apprehension of the people at Portsmouth has in some 
measure subsided. I do not, however, from this infer that the real 
danger is lessened. I wish you to continue in the same preparation 
for removal till the middle of November. After that time the 
boisterous weather will afford a defense. I had not much real ap- 
prehension of an attack when I left you. It is, however, still possi- 
ble. Faithfully and affectionately yours, 

J. Mason. 



Fi'7niile Hihtcalioii. 



97 



JKRKMIAII MASON TO MISS MARV K. MASON. 

Washington, June 24, 1813. 
Mv DF.AK Makv, — I am very glad you remembered to write me 
on Wednesday in the afternoon as I requested you. When I am 
so far distant from all those I love best, it affords me great pleasure 
to hear from them often. I therefore request you to continue to 
write to me at least once a week. .As soon as you have learned a 
little more French you may write to me in I-Vench, and I will en- 
deavor to construe your letters. I presume it will take me longer 
to construe them than it will you to write them. I wish you to 
perfect yourself in l*>ench as fast as possible. I intend to go to 
studying it when I come home, and 1 shall want you to assist in 
instructing me. I want to see you all much. Kiss James, Jane, 
Robert, and little Charles for me. 

Your aftectionatc father, J. Mason. 

JEKEMIAII MASON To MISS MAKV K. MASON. 

WASHiNf.ToN, yiUiuary 23, 1S14. 
Mv i>i;ak Makv, — I was pleased by receiving your letter, and 
more by those from your mother and Mr. Fales in which they 
praise you. When I am removed so far from you, and am often 
thinking of you with anxiety, you cannot conceive what pleasure it 
gives me to be assured you are doing well. I promise myself much 
pleasure when I come home in the spring, to find you have made 
much progress in all your studies, and especially in your I-'rench 
and music. I mention these because you may not always have so 
good instructors in those branches. I wish you to excel in every- 
thing praiseworthy Industry will do all that is necessary in your 
studies. You must also be accomplished in your manners, amiable 
in your temper and disposition. Let no envious malignant pas- 
sion.^ find a place in your breast. If habitually indulged, they will 
render all accomplishments useless, and destroy your happiness 
'3 



Chaptkr III. 



98 



Memoir of yerejniak Mason. 



ChAI'TKR III. 



both in this and a future world. Be diligent, virtuous, and truly 
religious, and you will not only be happy yourself, but greatly con- 
duce to the happiness of all your friends. That you may so do is 
the earnest prayer of 

Your affectionate father, J. Mason. 

P. S. — Give my respects to Miss Payson. 

JEREMIAH MASON TO MISS MARY E. MASON. 

Washington, October 16, 18 14. 

My dear Mary, — I have received your second letter, and am 
glad to see you are so willing to write to me. I shall be pleased 
with your letters, however frequent. Your mother informs me that 
you and the other children behave e.xceedingly well. Be assured 
nothing could give me more pleasure. Could you duly appreciate 
the satisfaction your good and correct conduct affords me 1 am 
confident your affection for me, were there no other reason, would 
induce you to persevere in it. Children can hardly conceive to 
what a degree their conduct affects the happiness of their parents. 
I am certain my happiness in this world will depend in a great 
measure on my children. It will be my endeavor that they shall 
not be disappointed in any just and reasonable expectation from 
me, and 1 trust none of them will disappoint my hopes. 

Your affectionate father, J. Mason. 

JEREMIAH MASON TO MISS MARY E. MASON. 

Washington, October 20, 1814. 

My dear Mary, — You have written me two letters which I have 
not answered. I ought to have answered them sooner, — particu- 
larly the one in which you inform me of your heroic conduct in 
having those two teeth extracted. I am exceedingly glad that ugly 
affair is over, and greatly commend you for it. I do not doubt the 



Mr. and Mrs. Madison. 



operation was painful for a few minutes, but the benefit will be per- 
manent. You may learn from this never to give way to idle fears, 
but always to collect resolution to do whatever your dutv requires. 
A timid person olten sutlers much unnecessary pain through cause- 
less fears. 

You express an apprehension that you shall not arrive to any 
great perfection in music. I thought you made very considerable 
progrej>s last summer. 1 wish you to persevere. With industry, 
I doubt not you will soon play very well. 

1 have a letter from your uncle Appleton, in which he says Mary 
Appleton will spend this winter with you. 1 am glad of it, as she is 
a good girl and will be an agreeable companion for you. If she is 
now there give my love to her. 

Your affectionate father, |. Mason. 



JKRKMI.MI M.\Sf)N To MKS. MASON. 

Washincton, Suiiiiay livening, October t,o. 1S14. 

Mv DEAR WiiK, — This forenoon I went to Mr. .Addison's little 
church, and heard a very pious, good discourse. His is the most 
orderly and best place of worshij) here. If I can obtain a good seat 
without crowding anybody out of it, I intend to go pretty constantly 
this winter. I have two or three invitations for seats, but they are 
often filled. The church is very small, and generallv full. I yes- 
terday had the high honor of eating a state dinner with their majes- 
ties. The President is more despised by his political opponents, 
ind less respected by his friends, than he ever has been heretofore. 
I'he misfortune attending all his measures tends to sink him into 
contempt. I consider him the immediate author of all the misfor- 
tune of the country. I wish to see as little as possible of him. Mrs. 
Madison, it is said, is about establishing her public drawing-room 1 
think I shall trouble it very little this season. Everything wears a 
sad aspect. The desolation of last summer makes a deep impres- 
sion. The winter will be duller than the last. Less company to 



99 



Chapter III. 



lOO 



Me77ioir of yei^einiah Mason. 



Chapter III. 



amuse, and worse prospects to depress us. The political horizon is 
so dark as almost destroys hope. As yet little has been done, but 
we shall not long remain inactive. I feel less pleased with my situ- 
ation liere than I have heretofore. I very often turn my thoughts 
home to you and our dear children. There I see peace, quiet, and 
happiness. I pray God this source of consolation may remain un- 
disturbed ; without it I should be most wretched. My separation 
from you and exposure to the turmoil and tumult of political life 
has taught me to appreciate more justly domestic enjoyments. I 
believe I never rated very highly the pursuits of ambition. Among 
those who have run this race most successfully, I see few happy or 
satisfied. Our country affords but slight inducements to engage in 
it. My inclination for it is certainly not increasing. I wish you to 
be particularly attentive to your health, and when you write inform 
me precisely how it is. I intend this evening to write to the chil- 
dren. Your affectionate husband, 

J. Mason. 

JEREMIAH MASON TO MRS. MASON, 

Washington, November 2, 1814. 

Mv dear Mary, — I am rejoiced to know by your letter of 26th 
October, that everything with you is so well, especially that the chil- 
dren conduct in all respects so satisfactorily. One strong objection, 
among many others, to my being so much absent from home, has 
always been depriving them of my advice and assistance. I hope 
this will prove no disadvantage to them. I have no fear but you 
will perform towards them every duty in your power. I think their 
proper education one of the chief objects of my life. The more I 
see and reflect, the more deeply am I impressed with the importance 
of inculcating early in their minds their moral and religious duties 
and honorable sentiments. I would not wish their religion to be of 
a gloomy cast, which often tends to superstition and enthusiasm, 
nor to consist of unintelligible dogmas, which bewilder the mind, 
but mild and rational, which may ameliorate their hearts and regu- 



Mr. Ciitts Secretary of the Senate. 



late their conduct. You mention your surprise that Mr. C. Cutts 
should be chosen Secretary of the Senate. Perhaps your surprise 
will be increased by my telling you that it was by my vote and those 
of some of my friends he was chosen. The fact was we were 
unable to elect the person we wished, and if we did not take Mr. 
Cutts we should have had a person we liked much less. His brother, 
Edward Cutts, has to-day been put into the office of Collector of 
Internal Taxes. He was approved in the Senate by a majority of 
one only. I was among the non-contents. This news is for your- 
self. My trunk at O'Neals' of which you inquire, I found safe. 
My lodgings at Crawford's Inn, in Georgetown, are pretty good. I 
have a very excellent chamber, consisting of two apartments (for 
which, by the way, I pay an extra price). There is too much com- 
pany in the house. The part of it which I am with is very good, 
consisting of Messrs. Goldsborough, Gaston, Lewis, of Virginia, 
Miller, and two or three others. Messrs. King and Gore and their 
wives, who are the best people here, I see often and with much sat- 
isfaction. Madame Bonaparte has disappeared with the French Em- 
peror. Whether she has retired to Elba or Baltimore, I know not. 
Give my respects to Mr. Eales, and tell him to get of Tappan and 
Foster the reviews you mention. My love to the children and 
yourself Faithfully yours, 

J. Mason. 

JEREMIAH MASON" TO MRS. MASON. 

Washington, Ktncmber G, 1S14. 
Mv dear Wife, — Day before yesterday two very good letters 
from George and .Mary came to hand. George says you had received 
no letter from mc for six days, and that you were anxious about the 
cause. I think there must have been some irregularity in the mail, 
for I am confident I have not omitted to write so long a time. If, 
however, by any accident I should omit writing longer than usual, 
you ought not to impute it to any serious cause. Should anything 
ill happen to me, be assured I should write immediately. I am 



lOI 



CHAiaER III. 



I02 



Chapter III. 



Memoir of yeremiah Maso7i. 



sometimes more than ordinarily occupied a few days. This, how- 
ever, never keeps you many hours out of my mind, and I will en- 
deavor it shall never for many days prevent my writing to you. I 
wish you to write as often as your convenience will permit, and 
have the children write as often as they are willing. Their letters 
have become amusing to me. I want to hear from you in some way 
three or four times a week. A report prevails that the British are 
again proceeding up the Chesapeake towards Baltimore. I place 
little reliance on the report, as similar ones have often proved un- 
true. Should Baltimore be again attacked, we shall probably go to 
Philadelphia. Were that the only consequence I should not regret 
their visit. Congress begins to be seriously engaged in the business 
of laying taxes, and providing for recruiting the army. The dom- 
inant party are very fearful for their popularity on both subjects. 
Inform me what is said about the Convention at Hartford. 

Affectionately yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, November 12, 1814. 

My dear Wife, — Contrary to my intention, I was the day before 
yesterday involved in a pretty arduous debate on a bill in relation to 
the army, which incidentally involved the subject of conscription. I 
got through I believe tolerably well, in the opinion of my friends. 
I am now pressed to write off my speech for printing, with which I 
am rather inclined to think I shall comply.' I dislike the labor and 
have not vanity enough to believe it will do me much credit. I am 

' The speech to whicli Mr. Mason here alluded, was delivered in the Senate, Wednesday, Novem- 
ber 10, 1814, upon a bill in several sections, to authorize the President of the United States to call 

upon the several States and territories thereof, for their respective quotas of thousand militia, 

for the defense of the frontiers of the United States, and is reported in \he An)ia/s 0/ Congtess for 
the Third Session of the Thirteenth Congress, p. 77. It is an able and rather elaborate speech, point- 
ing out with much force the Constitutional objections to the measure, and its dangerous tendencies. 
After much discussion, and many amendments in both Houses, the bill was finally indefinitely post- 
poned in the Senate. See Hildreth's History of the United States, vol. iii. (Second Series), pp. 539- 
541 ; Curtis's Life of Webster, vol. i. p. 139. 



Speech on Conscription. 



103 



told, as is usual in all such cases, it will do good to the public. I 
trust I have patriotism sufficient to overcome my indolence. I am, 
however, not fully convinced by this argument addressed to my van- 
ity. It is most probable I shall for some reasons, or without any, 
go on. If that should happen, you will not have the labor or 
amusement, whichever it may be, of reading it very soon. It will 
take all my leisure for several days to do my part, and several days 
more to do the printing. So you need not fear seeing it probably 
within ten days or a fortnight after you receive this. And you must 
not be disappointed if you do not iste it at all. This story is for 

yourself only 

Sincerely yours, J. Mason. 

JEREMIAH MASON TO MRS. .MASON. 

Washington, Xoftmhcr 17, 18 14. 
Mv DEAR Wife, — .... In my last I believe I told you some- 
thing about a speech 1 had made and was requested to publish. I 
have made some progress in writing it out. I am, however, not 
entirely determined to publish it. If published it will not appear 
within a week or ten days from this time. In consequence of cer- 
tain comments made on a few observations I have made, I was 
obliged to make the speech. I had a pretty large audience, consist- 
ing of many of the House of Representatives. The speech by my 
friends was better received than I had expected. I have not much 
leisure to write it out, as I must at present attend in the Senate each 
day. Give my love to the children. 

Sincerely yours, J. Mason. 

JEREMIAH MASON To MRS. .MASON. 

Senate Chamfer, Xofember 20, 1S14. 

My DEAR Wife, — The same mail which will bring this, will also 
bring you the speech which I have mentioned. Being desirous of 



CllAlTKR HI. 



I04 



Memoir of yeremiah Mason. 



ClIAI'TER III 



knowing the just merits of this speech aforesaid, and concluding you 
must be a perfectly impartinl judge, I wish for ^ovlx candid judg- 
ment on this subject. The speech, when made, was pretty well re- 
ceived. What its fate will be with the public, I know not, I cannot 
say, care not. The subject is important enough to excite interest. 
I have no doubt the subject of conscription will undergo, both here 
and among the people, ample discussion. Mr. Gore has just deliv- 
ered a very eloquent speech on this subject, in a bill introduced 
since the one I attempted to discuss. Mr. Giles is now answering 
it. The children, in their letters received since yours, say nothing 
about the fever. I hope it does not prevail. 

Sincerely yours, etc., J. Mason. 

JERKMIAII MASON TO THE REV. JESSE APPLETON, D. Vi. 

Washington, N^ovembcr 24, 1814. 

My dear Sir, — I intended before this time to have answered 
your letter of 21st October, but the truth is, that on the subjects 
you mention, as on most others of a political nature, my mind has 
been in such a state of doubt that I have not known what to say 
nor sometimes what to do on subjects where I was obliged to act. 

The government in all its departments is in great confusion, and 
there are alarming indications of approaching dissolution. The 
immediate cause of the most pressing distress is the deficiency in 
the Treasury and the almost total loss of public credit. The gov- 
ernment are unable to pay the most urgent demands. They can 
borrow money on no terms but such as would ruin their credit irre- 
trievably. The last loan in September for two and a half millions 
cost ^170 in stock for $100 cash. The nominal terms were $100 
stock for $80 cash. But the previous loan for near ten millions was 
made at $100 for $88 cash, with the condition that if any future 
loan under same act should be made on terms more favorable to the 
lenders, that loan should be entitled to same terms. This last loan 
consequently entitled the first lenders to the difference of eight per 



Negotiations at Ghent. 



lo- 



cent, on ten millions, which brings the expense of that loan to the 
rate mentioned. This is sufficient evidence of the miserable con- 
dition of public credit. 

It is feared the proposed terms cannot be obtained in season to 
bring relief. The project for a bank of paper stock to issue paper 
without the means of redeeming it on examination, begins to appear 
to those who at first were disposed to favor it to be too idle to ex- 
pect anything permanently good from it. Should it be adopted, of 
which I have great doubt, the relief if anv, would be short lived. 
After lettmg out a flood of paper money, it would probably fail and 
destroy all possibility of retrieving public credit for a long time. 

Our best people here do not think very favorably of the terms 
proposed by the British to our envoys at Ghent. The claims with- 
out modification were, I think, inadmissible, and the manner in 
which they were urged extremely offensive. The line of the Gren- 
ville Treaty of which you inquire begins at the mouth of the Cuya- 
hoga River (entering into Lake Erie), and runs southerly about half 
way to the Ohio and then westerly to the west line of the State of 
Ohio, and then again southerly to the Ohio River, and would take 
away from us about one third of the .State of Ohio and all the terri- 
itories of Michigan, Illinois, and Indiana, and all north of those ter- 
ritories. You may find the treaty in the Apjiendix to the second 
volume of the United States Laws. The inhabitants beyond those 
limits amount to perhaps fifty or sixty thousand. The sittc qua non 
now, however, did not fix on this line but left it for discussion. 

There is considerable reason to believe the discussions between 
the envoys did not break off immediately after the dispatches were 
sent. I think it probable our envoys still remain at Ghent. We 
have no knowledge that government has heard anything from them 
since the dispatches which were published. It is probable that 
the note which they say they were to send to the British envoys 
contained a long and full statement of our injuries and the supposed 
impossibility of acceding to the terms proposed, and that this was 
sent to the British Government, and that the envovs waited for an 



Chaiter hi. 



io6 



Chatter III. 



Memoir of yeremiah Mason. 



answer. It is possible the answer may have been such as to justify 
the continuing the negotiation, and that peace may be the result. 
This, however, I do not think probable. 

If the war goes on the States will be left in a great degree to take 
care of themselves. What this will end in it is impossible to fore- 
see. This is the cause from which, in my opinion, a dissolution of 
the Union is to be apprehended. If the people discover the Gen- 
eral Government is unable or unwilling" to defend them, they will 
soon withdraw all support from it, and look for relief to their State 
governments. If compelled to tax themselves to support their mili- 
tia and State troops, they will not at the same time pay heavy taxes 
to the United States. 

I have no satisfactory information of the views and intentions of 
the individuals who are to compose the Hartford Convention. I do 
not expect much from it at present, whatever may be the wishes or 
intentions of those gentlemen. I expect it will end in a strong dec- 
laration of injuries and a recommendation of moderate measures, 
unless certain armv bills now before Congress should create great 
excitement in New England. 

Some of these bills adopt, to a considerable extent, the principle 
of Colonel Monroe's report, recommending a conscription for the 
army. It is said the Southern States, especially Virginia, will bear 
them quietly. I think New England will not. It is not yet certain 
any of these bills will pass. The Senate have passed two and sent 
them to the House of Representatives. The first which authorizes 
enlisting minors, I suppose will be borne with a good deal of grum- 
bling. The other, which directs the classing of the militia for the 
purpose of making forcible drafts of men to serve for two years, I 
think will not be borne in New Engjland at all. No forcible resist- 
ance, however, will be necessary to defeat it. Without the aid of 
the State governments it cannot be executed. The House of Rep- 
resentatives have before them a bill of much more obnoxious char- 
acter. 

On the introduction into the Senate of the first of these bills, 



Death of Mr. Gerry. 



without intending it at the time, I was reduced to the necessity of 
entering into an examination of the Secretary's doctrine, which does 
not apply so much to that bill as to the others. On the report's beino- 
mentioned with approbation I condemned it in pretty strong terms 
This produced the next day a formal argument in defense of it 
which obliged me to reply somewhat at large. I sent you by the 
last mail in a newspaper the substance of my argument. Like an 
occasional sermon it was published at the request of sonic of the 
hearers, and as I have heard you say, is your course with them, you 
are not obliged to read it because it has been sent to you. 

Yesterday Gerry died very suddenly. He had travelled from Bos- 
ton to this place in five days, which was enough to kill a younger 
and stouter man. During this session he had conducted in his 
]3lace in the Senate much better than usual. I had last winter a 
little misunderstanding with him, which by taking some triHing 
pains I had just got settled and I hope forgotten before he died. His 
funeral has been attended with all due ceremony to-day. The Pres- 
ident is often subject to bad health, and is now sick though not dan- 
gerously. This gives considerable importance to this election. 

The P'ederalists and a few others will vote for Mr. King.' Two 
on our side, one from Delaware and one from North Carolina, are 
absent; were they present I think we might probably elect him. As 
it is, I do not expect it. To-day the administration party think of 
choosing Mr. Taylor, of South Carolina. They are not, however, 
very well agreed. Their chief reason for setting him up is to j^re- 
vent his voting for Mr. King, which it is said he was inclined to do. 
I think it probable enough they will change to another. Please to 
present my affectionate respects to Mrs. .Appleton. 

I am, sincerely yours, J. Mason. 

' For the pl.icc of President of the Sen.itc vac.itcd by (he death of Vice President Gerry. 



107 



ClIAl'lliR III. 



io8 



Mcmioir of JcrejiiiaJi Mason. 



Chapter III. 



JEREMIAH MASON TO MRS. MASON. 

Washington, Dcccmbtr 4, 18 14. 

My dear Wife, — .... I live a hermit's life here, though not 
strictly confined to a hermit's fare. I am in company very little. I 
have few invitations, and those I mostly decline. '1 he truth is, the 
inhabitants here, with few exceptions, are good for nothing. 1 am 
much more enrasjed in business than I was last winter. The Con- 
gress library having been burnt, I have not access to any good 
library of books. I read, however, considerably. I am in my cham- 
ber alone a great jaortion of the time, when out of the Senate, and 
often feel solitary. I take less interest in the people here than I 
did last winter. I suppose the chief reason is that all the novelty is 
gone. I wish in my soul I could leave them and come home. I 
very often, when thinking of you and the children, doubt the sound- 
ness of the reasons which induced me to come here. I do not think 
I shall do either myself or the public much good by coming here. I 
am certain I should be much happier at home. I do not know that 
my ambitious feelings, of which I suppose I have a portion in com- 
mon with other folks, have been disappointed. But I do not think 
the gratification of them by any means sufficient to compensate for 
the loss of domestic enjoyment. Be sure, my dear Mary, that is the 
great source of all enjoyment in this world. There everything inter- 
ests, in other situations too often nothing. I here enjoy the society 
of some of the best, and I think greatest, men of the nation, who 
seem to be disposed to treat me with kindness. This is the chief 
consolation and pleasure of my situation. I have written to your 
father and little Jane. There is a Mr. Comstock, from the State of 
New York, in the House of Representatives, who introduced him- 
self to me and told me he was a cousin of yours. He is a sad Dem- 
ocrat, otherwise a pretty decent man. Do you know anything 
about him } Affectionately yours, 

J. Mason. 



Discussions on a N^ational Bank. 



109 



JEREMIAH MASON TO MRS. MASON. 

Washington, December 11, 1S14. 

My dear Wife, — The last letter I have of yours is of the 30th 
November, containing your vtvy concise criticism on my speech. As 
it is as favorable to the author as it is concise, I shall find no fault 
with it. The subject is, in my opinion, of great importance. As it 
pleases you, and I hope will not displease the few of my friends who 
will read it, I may expect to escape without much cause of repent- 
ance. The debates are still continued on the same subject in the 
House of Representatives with vehement animation. Webster, a 
few days ago, made a very splendid speech on the subject, which will 
be published. I expect the principle will be adopted, in a small 
degree, in the House of Representatives. We have had an inter- 
esting discussion on a bill to establish a national bank, in which I 
took a part. Being of the committee which originated the bill, and 
being opposed to it, I could not well avoid taking a share in the 
debate, had I been so inclined. Indeed, I felt no inclination to 
avoid it. If I ever get time to write it, and the newspapers should 
not be too full of Congress speeches, I may possibly publish it. On 
that occasion, Mr. King (of the Senate) spoke in his best manner 
and greatest power. He is the most eloquent man I ever heard. I 
feel considerably anxious about your health. I wish you to write 
me exactly how you are. If necessary, I will make arrangements 
to come home the latter part of the winter. Tell me what you 
wish on that subject without any reserve. Should the situation of 
things here be such as to make my tarrying of much importance, I 
shall not come, unless your health is poorer than usual, under similar 
circumstances, if you do not especially wish it. Write me frankly 
your wishes on this subject. 1 can come if necessary, and if you think 
it necessary, I will come. There is no use in telling how much I 
should prefer coming home to staying here. My inclinations alone 
must not govern. When will your mother come to tarry with you .' 
I received Mary's letter of the 3d December. By her account 



Chapter III. 



I lO 



Memoir of yeremiah Mason. 



Chapter III. 



you had rather a solitary Thanksgiving. I think you had best not 
live too solitary. I fear you will permit your spirits to become de- 
pressed ; nothing can be worse for your health. 1 think there is 
more danger from depression of spirits than is generally supposed. 
A cheerful mind is a great protection for health of body. I am also 
of opinion that our feelings may, by proper pains and management, 
be kept, in a great degree, under our own control. I think I have 
that control over my feelings, to a considerable degree, and I am 

certain they are not of the most manageable sort 

Affectionately yours, J. Mason. 

JEREMIAH ^[ASON TU MRS. MASON. 

Washincton, December i8, 1814. 

My dear Wife, — I have received your letter of 9th December, 
for which I thank you. You need not fear that the length of your 
letters will tire me. If my letters, often filled with matters in which 
you take little interest, are still gratifying to you, what must yours 
be to me, which are always on subjects of the deepest interest. You 
cannot well conceive tlie degree of interest I take in everything hap- 
pening at home. The stories told in the letters of the children not 
only amuse but interest me. I become more dissatisfied with my 
situation here. It is much more disagreeable than it was the last 
winter. The society and amusements are, perhaps, nearly the same, 
but I have less to do with them. I am more disgusted with them 
than I then was. Except a few belonging to Congress, I neither 

see nor want to see anybody The prospect of public affairs 

is most unpromising, and I see little probability of its altering for 
the better. This necessarily embitters all my reflections, and de- 
stroys most of the pleasures I might otherwise enjoy. I most 
sincerely wish I was fairly rid of my present situation and restored 
to quiet and domestic enjoyments. I know not why I have given 
you the above sad story, which can do you no good. But remem- 
ber, it is only for yourself You inquire concerning Mrs. Lear, 



Iviporfance of Religion to Wo7ne7t. 



1 1 1 



whom 1 have not seen since I came here. Colonel Lear, about 
three weeks a<;o, called on me. Two or three days agfo I went to 
return the aforesaid visit in due form, and finding both the Colonel 
and his lady absent, paid it in pasteboard, which will probably be 
the amount of our intercourse this season. Should I by chance see 
Mrs. Lear, of whom I think very favorably, I will certainly remem- 
ber your message to her. If I have time 1 shall write to the chil- 
dren, if not, give my love to them. 

Sincerely yours, J. Mas()\. 

1'. S. — Tell ^Llry I will write to her soon. Kiss little Robert 
and James for me. 

JKKKMIAII M.ASON TO MISS .MAkV i:. MASUX. 

Washington, December 20, r8i4. 

Mv DtAK ^L\RV, — I received your letter dated iith of Decem- 
ber, yesterday. 1 am pleased with your account of the manner in 
which you and the other children employ your Sundays. By a 
proper employment of it no day of the week can be so pleasant or 
so useful. The duties of religion should never be forgotten. The 
observance of them is as necessary to secure happiness in this 
world as in the next. True piety tempers and regulates all the 
minor virtues. It is the best security against violence of passion 
and irregularity of conduct. It softens the heart and regulates the 
affections. A man without religion is never to be much relied on. 
Hut an impious woman is a dangerous monster always to be 
shunned and avoided. Infidelity and irreligion are absolutely in- 
consistent with the delicacy of the female character. If then, my 
dear daughter, you wish to be respected and esteemed in this world, 
or happy in a future, cultivate sentiments of piety and religion. Let 
such sentiments become habitual, and they will be your best protec- 
tion against misfortune and greatest security for happiness. 

Your affectionate father, J. Mason. 



ClIAI'lKR III. 



I 12 



Chai'ter III. 



Memoir of yeremiah Mason. 



JEREMIAH MASUN TO MRS. MASON. 

Washington, December 22, 1814. 

My DEAR Wife, — When I last wrote you, I happened to be in a 
train of sombre reflections, some of which, after I had sent the 
letter, I recollected I had imparted to you. and was sorry for it. 
I do not permit myself often to indulge such reflections, and less 
often impart them to others, as it can do no good. My health is 
entirely good, and my spirits tolerable. The public concerns are, 
to be sure, very gloomy, but I do not suppose my being sad would 
mend them. I do not intend to place on my shoulders unneces- 
sarily any part of the national misfortunes. My own share I will 
bear as I can, and do what I can to lessen the whole. 

Affectionately yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, December 27, 1814. 

Mv DEAR Wife, — I have received to-day your letter of the 21st, 
in which you say you had received no letter from me later than the 
6th of December. There must have been great delay or irregular- 
ity in the mail, for I have never, I think, omitted writing more than 
three or four days. You mentioned the children have colds. I hope 
it is nothing more than common colds, which will pass off I enjoy 
my health better than usual. I have felt nothing of the rheumatism, 
nor any other complaint, but the influenza, which was not severe, 
and lasted but a few days. My employment, though not very pleas- 
ant, is quite regular. I am, of course, constantly, or nearly so, in 
the Senate during its sessions, which are from eleven o'clock in the 
morning to three or four in the afternoon, and sometimes later, un- 
less when want of business permits an earlier adjournment, which 
is not often. We dine by candle-light a considerable portion of the 
time. The evenings and mornings I generally spend in my own 



Nezv Year's Presents. 



chamber. I have not dined out of my own lodgings more than 
three or four times, so that I am in no danger of injuring my health 
from that kind of dissipation. I am, however, in no want of com. 
pany. The mess (as it is here called) with which 1 dine, consists of 
eight or ten gentlemen, mostly well informed, pleasant, and agree- 
able. The manner and style of boarding-house living, I do not 
much like. If I can I shall come home before the end of the ses- 
sion. Should it be necessary on account of your health, I will 
come at all events. I wish you therefore (as I have heretofore), to 
write me how you are, and what your wishes are on this particular. 
The belief that an attack has been made on New Orleans, creates 

much apprehension 

Faithfully yours, J. Mason. 

JEREMIAH MASON TO MKS. MASON. 

Washington, January i, 1815. 

Mv DEAR Mary, — I wish you a happy New Year. May this and 
many succeeding years witness our prosperity and happiness. I 
have purchased some small books for New Year's presents to the 
children, some in French for George and Mary, which I hope will 
be useful to them. They are too large for my frank, and I do not 
know how I shall send them without too much expense. I shall 
also send one to Jane. I am glad our Amherst friends are with 
you. I know you will highly enjoy their visit. Should any of 
them be with you when you receive this, give my best respects to 
them. The weather here is remarkably fine, and has been .so for 
some time. To-day is like our weather in the latter part of Octo- 
ber. I shall go to church in the afternoon. As you took so much 
interest in the subject of conscription, I suppose it must give you 
consolation to know that Mr. Giles' princiiial bill to enforce it, has 
finally failed in the Senate. I do not think it will be again revived 
this session. The Mammoth Bank is the subject of chief interest 
here now. It has been for a long time, and is still held under 

1 5 



113 



CnArTi-K III. 



114 



Memoir of ycremiah Mason. 



CllM'TKU III 



dibate in the House of Representatives. There is a probability it 
will undergo general changes. If I do not write to the children, 
give my love to them. 

Sincerely yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, Janitary 15, 1815. 

My dear Wife, — . ... I want much to set out for home the 
fore part of the next month. Affairs here are however in such a 
condition, that I cannot determine on it at this time. Appearances 
at present indicate that the remainder of the session will be very 
busy and important. If you are very desirous on account of your 
own situation, that I should come home, I wish you (as I have be- 
fore written you) freely to express your wishes. I do not think I 
ought to sacrifice my own happiness and also that of those most 
dear to me, to an idea of public duty. I do not expect my pres- 
ence here will be of much importance. Yet I do not incline to be 
absent, without a pretty satisfactory excuse, as possibly an occasion 
might occur where my vote would be material. When will your 
mother come to tarry with you ? Do not have her delay coming 
for want of a convenient opportunity, but send for her when she 
'ill be ready to come. If not convenient for Mr. Fales to go, send 
our horse and sleigh, or one from the livery stable, with a good 
coachman. Mr. A. Ladd called on me this morning, and for an 
hour or two answered all my numerous inquiries about Portsmouth. 
I did not get much news from him however. Except the business 
of privateering, the people there are doing little, by his account, 
and I suppose thinking less. The Bank Bill, which has so long 
been a standing dish here, has again got into the Senate for discus- 
sion, on the amendments proposed by the House of Representa- 
tives. I hope we shall in a few days be rid of it in some way, for I 
am heartily tired of it. I expect it will finally pass pretty much as 
amended by the House of Representatives, which will still leave it 



Sick?iess in Virginia. 



bad enough. No further news is heard from New Orleans. I intend 
to write to some of the children. To the others give my love. 



Most sincerely yours, 



J. M.\sox. 



P. S. — I send you a speech of Mr. Gore. It is very incorrectly 
printed. 

jp:remi.\h m.vson to .mks. .mason. 

Washington, yauuary 29, 18 15. 
Mv DE.\R Wife, — Your letter of the 22d instant gives me much 
satisfaction. I know you have exerted much resolution in recon- 
ciling yourself to the idea of my being absent till after the end of 
the session. I duly appreciate your conduct in this particular. My 
being at home on the occasion alluded to might be of no great 
importance, except the satisfaction I know it would afford you. I 
expected to have been able by this time to say with certainty 
whether I could come or not. I cannot, however, at present well 
make the determination. I have some faint hopes of being able to 
set out before the end of the session, without material inconven- 
ience. As I have before told you, this still remains uncertain. 
The question of the Bank is expected to be brought forward again 
in a new shape, and some other matters of equal importance. Mr. 
Webster now intends to set out in about a week. The House of 
Representatives is so numerous, he says he can go and not be 
mi.s.sed. He wants to attend the Superior Court. I doubt whether 
he will go at that time. If he should I should be most unwilling to 
tarry behind, but fear I shall be obliged to. Depend upon it I will 
come if I think it justifiable. My inclinations lead me so strongly 
to that course, that I almost fear to trust my own judgment to deter- 
mine. I know if I apply to others they will advise me to stay. I 
am entirely well, and you need fear nothing on account of the news- 
paper reports of the sickness in Virginia. As usual, the statement 
has been exaggerated. The sickness in Alexandria has abated. I 
doubt whether any cases of that disorder have ever been nearer 



i^S 



ClIAI'lKK III. 



1 16- 



Me7noir of yercmiaJi Mason. 



Chai'tek III. 



this place. I had accepted an invitation to dine to-day at Alexan- 
dria with a Mr. Swan. I did not go, but not through any appre- 
hension of the sickness there. The day has been extremely cold, 
and I thought a ride home this evening would be too dear a price 
for a dinner. The weather for several days has been colder than is 
often experienced here. It equals our cold winter weather. The 
Potomac is frozen so that it is passed on the ice. News has arrived 
this evening, that the I^ritish have been partially defeated at New 
Orleans. Strong hopes are entertained for the safety of that place. 

I think, however, the result is still very doubtful 

I am most affectionately yours, 

J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, February 5, 1815. 

My dear Wife, — By the last mail I received your letter of 29th 
January, and am gratified with knowing you are well, and that you 
expect your mother soon to be with you. You can scarcely con- 
ceive my ardent desire to leave this disgusting place and return to 
you. 1 have for a considerable time entertained a secret hope that 
about this time I should be able to set out for home. I think it 
probable that Mr. Webster will set out in the course of this week, 
but I despair of being able to accompany him. Another vexatious 
Bank Bill will be introduced into the Senate to-morrow, which will 
be debated for a considerable time. I expect it will pass in the 
end, but the votes on that subject in the Senate have on several 
occasions been so equally balanced, that I dare not absent myself 
till it is over. And even then several subjects are expected which 
are deemed of much importance. Those in whom I place most 
confidence, to whom I have spoken of my intention of going away 
before the end of the session, decidedly dissuade me from it. This 
I expected, and of course shall not be greatly influenced by it. But 
I really fear that I shall be obliged to tarry. I have no doubt you 
have entertained expectations of my return, though I have given 



Fever at Alexandria. 



you little encouragement. I feel a strong inclination to be with 
you on my own account, and a still stronger on yours. If I could 
have set out at this time, I intended to have seen my friends in 
Connecticut on my way. But if I am delayed till the end of the 
session, as I expect to be, I shall come directly home. I fear you 
will think I do wrong, notwithstanding what you have written, if I 
omit coming home till the session ends. To the protection of a 
kind Providence I commit you, with earnest prayers for your safety. 
The fever at Alexandria has subsided. This place is as healthy as 
usual. I am entirely well, which you may always know unless I 
mention the contrary. 

Affectionately yours, J. Mason. 

JEREMIAH MASON TO MISS MAKV I".. MASON'. 

Washington, February 5, 1S15. 

Mv DEAR Mary, — I believe 1 owe you two or three letters. I 
have been much engaged for some time, which must be my apology. 
I look forward with great pleasure to the time I shall come home 
and see you all. In the midst of company I often feel solitary be- 
cause I am so far from those I best love. I hope it is wholly unnec- 
essary for me to request you to be particularly attentive to all the 
wishes of your dear mother. Your own feelings will prompt you to 
pay her every dutiful attention in your power. A good and affec- 
tionate child will always find in the mere performance of these du- 
ties a sufficient reward. What can afford you more satisfaction 
than to know that you contribute to the happiness of a mother who 
is entitled to and enjoys your warmest affections. 

I am pleased by learning you get on so well in your studies. I 
fear however you are too soon through your geography. It is a 
very useful study. When I come home I shall examine you and 
see whether you know everything about all the countries in the 
world. I expect you will have to resume that study again. 

Your affectionate father, J. Mason. 



117 



Chaitkr III. 



ii8 



Memoir of yeremiah Mason. 



Chapter III. 



JEREMIAH MASON TO MRS. MASON. 

Washington, i^i-i^^v/rt/j ii, 1815. 

My DEAR Wife, — News has this moment arrived, that the en- 
emy, soon after their late defeat at New Orleans, reembarked and 
have left that part of the country. Their loss is said to be between 
three and four thousand men, including Generals Packenham, 
Gibbs, and Kean, badly wounded. Our loss only one hundred and 
thirty-six. This important event has caused great exultation here, 
as it will through the United States. 

Affectionately yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, February 14, 1S15. 

My DEAR Wife, — .... We have just received the news of a 
treaty of peace from an arrival at New York. You will have heard 
of it before you receive this. No official information is yet received, 
but there is supposed to exist no doubt of the fact. Everybody 
here is extremely elated with joy. If the terms of the treaty are 
tolerable, it is a most fortunate event for the country. We expect 
to receive it to-morrow. If it is ratified, it will give a new turn to 
all our business here. It will, however, rather increase than lessen 
the quantity for the small remainder of this session. The business, 
however, can in no change, be of so unpleasant a nature as it has 
been. The Bank Bill is postponed in the House of Representa- 
tives, to await the event of the truth of this report. I expect Mr. 
Webster will set out for home in two or three days. I cannot 
express how ardently I wish to accompany him, but it cannot be. 
Give my love to the children. With earnest prayers for your safety, 
I am Affectionately yours, 

J. Mason. 



Treaty of Peace. 



119 



JEREMIAH MASON TO MRS. MASON. 

Washington, February 17, 1815. 
Mv DEAR Wife, — I have your letter mentioning that your 
mother had arrived, and would remain with you. This gives me 
much satisfaction. Mr. Webster left this place yesterday. It was 
not possible for me to accompany him. The sudden arrival of the 
Treaty of Peace has changed everything. The public business, 
though different, is not perhaps less urgent or important than if 
war had continued. The Treaty of Peace will be published in a 
day or two. I entertain some hopes of being able to set out for 
home one week from this time. This however is uncertain. At 
all events I shall set out in a fortnight, which will be the end of the 
session. Continue to direct to me here till the 28th instant. I will 
write to you where to direct to me on my way home. Give my re- 
spects to your mother and to Mr. Fales, and love to the children. 

Affectionately yours, 

J. Mason. 



ClIAPTEK III. 



ClIArTER IV. 



CHAPTER IV. 

Letter from Mr. Gore. — Letter from Mr. King. — Mr. Mason's Congressional Life 
till the Close of tiie Fourteenth Congress. — Domestic Correspondence. — 'Cor- 
respondence with Dr. Appleton, Mr. King, and Mr. Gore. — Mr. Mason declines 
the Office of Chief Justice of the Superior Court of New Hampshire. 

\'X /HILE at home, after the close of the Thirteenth Congress, 
* * Mr. Mason received a letter from Mr. Gore, and also one 
from Mr. King, both of which are here given, alike from the in- 
trinsic interest and as showing the friendly relations between 
these eminent men and their correspondent. 



CHRISTOPtiER GORE TO JEREMIAH M.A.SON. 

Waltham, \i>th August, 1815. 
My dear Sir, — . ... I have always thought Dallas extremely 
culpable in the course he has pursued in relation to the payment of 
the public revenue. If, instead of authorizing its discharge in paper 
of less value than specie, he had directed that nothing should be re- 
ceived as compensation of the duties but specie or treasury notes, it 
is almost certain he would have compelled all the banks to have 
paid specie, or to have seen their paper so disgraced as to become of 
no value. His treasury notes and the funded stock would in all 
probability have been nearly at par by this day. I can perceive no 
honorable and wise motives for taking depreciated paper for duties, 
and I am yet to learn where he obtained authorit}' to receive less 
than money for the public revenue except in treasury notes. 



Dallas Papcy Bank. 



I cannot refrain from thinking that notwithstanding all the weak 
and wicked management of our public stewards the stocks of the 
United States will appreciate. The revenue will be productive, 
and I think abundant to the reestablishnient of public credit. 
United States stocks have risen in value, whether owing to' any cause 
that is like to have a permanent influence, I cannot say. Our Bos- 
ton banks, from all that I learn, will continue to pay specie; they are 
satisfied that their course has been and is correct, and that eventu- 
ally they shall derive advantage from having adopted and persisted 
in their present system. The end of the war, on the continent of 
Europe, will be attended with a depression of the price of specie in 
England, and of course that drain for our specie will be stoj:)ped. I 
have therefore thought that temptations to our people to adojJt tiie 
conduct of the Southern banks, will be diminished, and motives to 
such of these as are solid to resume the payment of sjiecie be in- 
creased ; but however they maybe influenced as to a return to specie 
payment, I perceive no reason to doubt thai the Boston banks will 
persevere in their conduct. 

I cannot even conjecture what will be Dallas' plan as to a paper 
bank the ne.xt session, but I do flatter myself that under the auspi- 
cious circumstances which seem to e.\ist both here and in Europe, 
we may indulge in expectation that the great mass of the commu- 
nity and a majority of Congress will return to those safe maxims 
which reestablished the credit of the United States in Washington's 
administration and preserved it so manifestly to the advantage of 
the whole and every part of the Union even during the reign of 
philosophical democracy. Should this be the case, I think we may 
not only put down the schemes of this mountebank but probably 
erect a fair and solid institution for the nation which will necessarily 
crush all these issues of irredeemable paper. Farewell, mv dear 
friend. Instead of ridiculing the brevity, I fear you will complain 
of the tedious length of my cj^istles. 

Yours faithfully and aftectionately, 

C. Goki:. 

i6 



12 I 



CHAl-lKK IV. 



I 22 



Memoir of ycremiah Mason. 



Chapter IV. 



RUFUS KING TO JEREMIAH MASON. 

Jamaica, L. I., N'ovembcr 22, 1815. 

Dear Sir, — I last evening received your letter of the 12th. I 
have some acquaintance with the condition and views of the banks 
in our city, and though I have no particular information concerning 
the banks southward of us, my apprehensions are much the same 
as respects them all. Mr. Burke has remarked, that all men possess- 
ing unlimited and discretionary power, tending to their own advan- 
tage, abuse it ; and we are not to expect a miraculous interposition 
to alter the laws of nature. 

To be sure there has been a commendable moderation, which 
would have been more considerable, in the administration of our 
city banks, if they had unitedly rejected the projects of Dallas. In 
Pennsylvania, Maryland, and the District of Columbia, the banks 
seem to have imposed no restraints on themselves ; their issues 
have been excessive, and their profits indispose them to resume a 
better course. 

By an agreement between our city banks, they are pledged to 
each other, and to the public, that their debts should not exceed 
their respective capitals and sixty per. cent addition ; that such of 
them as owed more than this sum should reduce their debts within 
that limit, and tliat the debtor banks should pay to the creditor 
banks six per cent, interest on their weekly balances. The interest 
is paid ; but I doubt whether the banks, which at their stoppage 
owed more than the limited ratio, have diminished their debts; and 
have some reason to believe that the ae;s;reo;ate debt at the forego- 
ing epoch has been increased, though not exceeding five or six per 
cent. According to a supplemental and late agreement, the debtor 
banks are severally pledged to reduce their debts to the creditor 
banks to $400,000 each, before the first of January. To effect this 
they must sell funded debt, or treasury notes, exceeding a million 
and a half of dollars ; this would depress the stock market and be 



Banks and the Currency. 



123 



attended with loss to the sellers, a circumstance sufficient to deter 
them from doing it. 

Some of the banks here desire to return to the old systejn; others 
of them do not wish it, even, and I think I risk nothing in express- 
ing an opinion that the paper circulation will be persisted in, if its 
discontinuance be left to the banks which do not pay their notes in 
specie. Congress may correct the mischiefs of this state of things 
by passing laws to establish a bank on the only correct principles, 
and providing that the revenue shall be receivable only in specie, 
or the notes of banks which pay their notes in specie. The paper 
system vanishes. The currency, bad as it is, cannot preserve its 
present credit ; unless the public have satisfactory evidence of the 
probable resumption of specie payments, it will become worse; and 
as the States can pass no law protecting the banks against their 
creditors, the further depreciation of their notes will stop their cir- 
culation, suits will be instituted against the banks, one decision had, 
and the bubble bursts. 

Whether Congress will establish a national bank, on the only 
sure plan, you are as able as I am to determine; if they do not, I am 
persuaded that the excessive issues of bank notes must put an end 
to their circulation. 

I have no expectation of leaving home for Washington before 
the 6th or 7th of December. By late accounts from Mr. Gore, I 
am uncertain whether his health be such as will allow him to under- 
take the journey. 

I should like well enough to be present at the discussion of the 
commercial convention with England. If those who made it, so far 
as it is made, are gratified, let it become the law. The currency is, 
in my opinion, the more important subject that will require our at- 
tention and exertion ; and we shall be there in time to hear, and 
to be heard concerning it. With very sincere respect and esteem, 
I am, dear sir, your obedient and faithful Rufus King. 

I hope you will come on as soon as you can without too great a 



Chapter IV. 



124 



Memoir of yeremiah Mason. 



ClIM'TKR IV. 



sacrifice ; Washington without the intercourse of one's friends, few 
as in that scene they necessarily must be, would be insufferable. 

The first session of the Fourteenth Congress began on the 4th 
day of December, 18 15, and closed on the 30th day of April, 1816. 
In the number of able men it comprised, it has rarely been 
equalled, and never surpassed in the history of the country. In the 
Senate, besides Mr. Mason himself, there were his friends, Mr. King, 
Mr. Gore, and Mr. Daggett. Mr. Campbell, of Tennessee, reap- 
peared in his old place, having resigned his office of Secretary of 
the Treasury. Besides these, there were James Barbour, of Virginia, 
Harper, of Maryland, and Macon, of North Carolina. 

Conspicuous among the members of the House was William 
Pinckney, of Maryland, a man of really great powers, in spite of the 
vanity and affectation with which greatness is not usually attended. 
Mr. Randolph appeared anew from Virginia, having defeated Mr. 
Eppes by a small vote, after a hard contest. Mr. Webster came 
again from New Hampshire, Mr. Clay from Kentucky, and Mr. 
Calhoun and Mr. Lowndes from South Carolina. Among other 
men who made their mark, and are remembered in the history of 
the country, were Mr. Forsyth and Mr. Wilde, of Georgia, Mr. 
McLean and General Harrison, of Ohio, Mr. Tyler, of Virginia, 
Mr. Timothy Pickering, of Massachusetts, Mr. Sergeant and Mr. 
Hopkinson, of Pennsylvania, Mr. Hanson, of Maryland, and Mr. 
Gaston, of North Carolina. 

The Federalists had gained since the date of the previous Con- 
gress, the Senate standing twenty-two Democrats to fourteen Fed- 
eralists, and the House a hundred and seventeen Democrats to 
si.\ty-five Federalists. 

Mr. Mason did not take his seat till the 8th day of January, 1816. 
His brethren showed their estimate of his abilities by placing him 
upon the most important of their committees, — that upon finance 
and a uniform national currency ; of which Mr. Campbell, the ad 
ministration leader in the Senate, was chairman. The other mem- 



Ba7ik of the United States. 



bers were Mr. Chase, of Vermont, Mr. Bibb, of Georgia, and Mr. 
King, of New York. Mr. Mason was also put upon a committee 
on providing for the publication of the decisions of the Supreme 
Court, which reported a bill which was passed by the Senate, but 
was indefinitely postponed in the House. 

The kindred subjects of finance and the currency engrossed most 
of the time of both Houses during the first session of the Four- 
teenth Congress. The government had a difficult task before it : 
it was to reform the currency, to repair the waste of the war, and 
provide the means of paying at once the interest on the national 
debt, and ultimately discharging the principal ; and to this task it 
addressed itself with energy, ability, and, all things considered, very 
fair success. 

Early in the session Mr. Calhoun introduced into the House of 
Representatives a bill to incorporate the subscribers to a Bank 
of the United States. At that time most of the leading statesmen 
of the country were agreed as to the expediency and constitution- 
ality of such a measure, but there was much diflcrcnce of opinion 
as to the details, a difference arising to some extent from the disor- 
dered state of the currency. Everywhere except in New England, 
the banks had ceased to redeem their notes in specie, and thus the 
ountry was suffering under the evils of an irredeemable paper 
urrency. 

When the bill came up from the House, Mr. Mason proposed to 
amend it by striking out five dollars, the proportion of specie to be 
paid in at the time of subscription, and inserting ten, and made a 
short speech in support of his motion, but after some discussion 
withdrew it. having doubtless ascertained that it could not pass. 

He also proposed the following proviso to be added to the twelfth 
rule for the government of the bank : " That all bills or notes so to 
be issued by said corporation shall be made payable on demand, 
other than bills or notes for the paynu-nt of a sum not less than 
dollars each, and payable to the order of some i:)crson or 
persons, which bills or notes it shall be lawful for said corporation 



12 



Chapter IV. 



126 



Chapter IV. 



Memoir of yeremiah Mason. 



to make payable at any time not exceeding days from the 

date thereof." After some discussion the amendment was adopted, 
and tlie blanks were filled with a hundred dollars and sixty days. 

Having the strongest dislike of a paper bank, and desirous to 
impose upon the new institution, by the strongest sanctions, the 
obligation to redeem its notes in specie, he proposed a further 
amendment, giving to Congress the power to repeal the act of in- 
corporation if payment of its notes in gold or silver should be re- 
fused for such length of time as Congress might deem injurious to 
the United States; but the amendment was rejected by a vote of 
seventeen to fourteen. 

Upon the final passage Mr. Mason voted against the bill, as did 
his friends Mr. Gore and Mr. King, probably on the same ground 
that led Mr. Webster to the same course in the House, on account 
of the participation of the government in its direction and manage- 
ment. 

This session of Congress was also memorable for the passage of 
a tariff act, introduced by Mr. Calhoun, and supported by the lead- 
ing members from South Carolina, for the avowed purpose of pro- 
tection to American manufactures. It was finally passed in the 
Senate by a vote of twenty-five to seven, Mr. Mason being among 
the minority, doubtless because of the injury the measure would 
cause to the commercial interests of Portsmouth. 

He also made a short speech upon an amendment to the Consti- 
tution proposed by Mr. Varnum, of Massachusetts, requiring repre- 
sentatives in Congress and electors of the President, to be chosen 
in separate districts, and not by general ticket. Mr. Mason was 
inclined to favor the application of the principle to the choice of 
electors, but was not disposed to interfere with the right of a State 
to choose representatives by general ticket, if it saw fit. 

At this session a law was jaassed, without much discussion or 
e.xcitement, which gave to members of Congress an annual allow- 
ance of fifteen hundred dollars instead of six dollars a dav during 
the session. Little did the men who innocently and unthinkingly 



Compensation of Alcjnbers of Congress. 



gave their hand to this measure dream of the wind they were sow- 
ing, and the whirlwind they were to reap ! To us at the present 
day this amount, even as money then was, does not seem an unrea- 
sonable compensation for the loss of time, and sacrifice of private 
interests, which attendance on Congress involved ; but such was 
not then the temper of the times. For some cause or other, — 
perhaps on account of the large national debt then hanging over 
us, — this harmless act gave rise to one of those waves of popular 
feeling which sometimes sweep over our land like a prairie fire. 
The spending of the people's money is always an easy theme for 
cheap rhetoric and virtuous indignation, and the act was furiously 
assailed in the newspapers and in electioneering speeches. The 
F"ederal Legislatures of Massachusetts and Rhode Island protested 
against it, the former declaring it to be " an innovation upon the 
custom, and not congenial with the republican principle, of our 
government," and Democratic Georgia and Kentucky responded in 
the same strain. Of the members who voted for it many lost their 
reelection by reason of such vote, and many were re-chosen by 
only a very close vote. Such was the fright into which Congress 
was thrown by the angry growls of their constituents, that the 
obnoxious law was promptly repealed during the second session, 
as to all future Congresses, though with a thrifty reservation of the 
benefit of it for themselves. Mr. Mason, luckily, had voted against 
the law, and thus the tempest of popular obloquy did not beat upon 
him ; though no one would have met it with a calmer front had he 
seen fit to give the measure his sujjport. 

This sensibility as to the expenditure of public money has ceased 
to be a virtue, or a weakness, of the American people. 

JEREMIAH MASO.V TO MRS MASON. 

■Washington, Januaty lo, 1816. 
Mv DEAR wii'E — I have received only one letter from you which 
was waiting iiere for me. To-day I have received a letter from 



127 



CllAFrER IV. 



128 



Memoir of ycrerniah Mason. 



Chapter IV. 



George. I wish you to write whenever you liave leisure, as I wish 
to hear from you frequently. No important business has been done. 
The House of Representatives have been engaged in a warm de- 
bate on an old question, — Whether their assent is necessary to give 
form and effect to a treaty made by the President and Senate. On 
that occasion the celebrated Mr. Randolph, and Mr. Pinkney of Bal- 
timore, were the most conspicuous speakers on the opposite sides. 
Mr. Randolph by no means answered my expectations. It is gen- 
erally thought he fell far below his former reputation.^ Appearances 
still continue to indicate a very quiet ilnd peaceable session. As in 
duty bound, I last evening went to Mrs. Madison's drawing-room, 
and after seeing the usual number of unmeaning faces, and saying 
and hearing the usual number of unmeaning things, came back 
again. I do not perceive or learn that the concourse of people 
here is greater than common. At the drawing-room I saw Mrs. 
Sargent ( formerly Miss Swan), whom I thought by far the finest 
woman there. I understand she is to set out for home to-day or 
to-morrow. Mrs. Derby, Mrs. Harrison of Philadephia and Mrs. 
Otis, have been here and passed on southward. Instead of treas- 
ury reports and bank bill calculations, I am engaged in reading 
Wraxalls Memoirs, which I find very entertaining. You must 
have noticed extracts from this work in the newspapers. I intend to 
amuse myself this winter as well as I can, and I earnestly advise 
you to the same determination. I believe much depends on such 
resolution, for I certainly do not dislike what I see and hear here 
as grievously as I did last winter. 

Truly and faithfully yours, J. Mason. 

1 Ft was in the course of this speecli that Mr. Randolph iiuhilgcil himself in the in)i)ertincncc, when 
speaking of Mr. Pinckney, who had been Minister to England and Attorney-general, and was at tliat 
time at the head of the American bar, of saying, " I give up to the gentleman from Maryland — / 
am told he is from Maryltiiiil, etc." 



Importance of Good H a7tdwnting. 



JtKICMIAll MASON TO HIS UAL'GIlTliR MAKV. 

Washing I o.v, yanuary 14, 1816. ' 
Mv DKAR Makv, — I am gratified by your letter, especially in two 
particulars. It is in the first place very well written, and evidently 
shows a very considerable amendment in your handwriting. To 
eftect this, you know I have often told you nothing was wanting but 
care and attention. I wish to see your handwriting still further im- 
proved. It is effected with little labor, and is a pleasant and use- 
ful accomplishment. It is also becoming more fashionable in our 
country; a bad handwriting is deemed vulgar. I am also much 
pleased with your determination to persevere in your mathematical 
studies. You began arithmetic with strong prejudices against it, 
imbibed at the Academy, which I think you had mostly overcome 
before I left home. I hope you will make such progress in Euclid 
before my return as to make it necessary for me to study it to en- 
able me to examine you. Tell .Alfred and James they must write to 
me before they are to expect any letters from me. 

Your affectionate father, J. Mason. 

JKRKMIAII mason TO MUS. MASON. 

WvsHINr.TON, y,iHiiary 19, 1S16. 

Mv IH.AK Will;, — I have your letter in answer to f)ne from Haiti- 
more. You seem to be alarmed with the many perils past. I do 
not specially remember what I said in that letter, but |)iLsume I 
mentioned the occurrence of a very unusual numl)er of carriages 
broken down and other vexatious accidents which delayed me in my 
journey. But I certainly did not intend to say or int.imate that 
those accidents were attended with any extraordinary danger, for 
really there was little or none. I never performed the journey with 
less danger or fatigue. When it was stormy I stojiped till it was 
fair, and when dark till light. Contrary to my intention, which I 
believe I mentioned to you, which was to keep still and not trouble 



129 



Chaiter IV. 



I30 



Chapter IV. 



Memoir of yeremiah Mason. 



myself with clubating, I yesterday delivered in the Senate a speech 
against the right of the House of Representatives to interfere with 
treaties made by the President and Senate. I was tolerably well 
satisfied with my own argument, which was heard with attention. 
I shall not publish it. As we have no stenographer in the Senate, 
the labor would be considerable, and the subject creates no great in- 
terest with the public. iVIany arguments have already been pub- 
lished. Give my love to the children. 

Truly yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, January 24, 1S16. 

My dear Wife, — There has been a great change of weather 
from dry and cold to wet, wliich has given me a cold, but not se- 
vere. 1 am otherwise entirely well. I am sorry to learn that Dr. 
Goddard declines being candidate as Governor. I fear the con- 
sequences, but I by no means regret the course I have adopted, as 
far as I was personally concerned.' That course, so seasonably 
adopted, relieves me from much trouble and vexation, to which I 
might otherwise have been exposed. I hope in the end, the elec- 
tion will turn out right, but I am fearful of it. I continue in the 
same lodgings I occuj^ied last winter. I cannot yet find others more 
convenient. The distance from our new capitol is. too great. I 
have seen a good deal of the celebrated John Randolph, who is in 
all respects the most extraordinary man I ever knew. He differs 
essentially both in person and mind from his species. 1 do not 
think so highly of his talents as I did before I saw him, but he is 
more eccentric than he is reputed. I do not think he will long 
sustain his reputation for talents. I take less interest in the affairs 
here than I formerly did. I of course anticipate less trouble. 1 wish 
in my heart I was clear of it all and at home with you and my 

' Some of Mr. Mason's friends had desired him to consent to be a candidate for the office of Gov- 
ernor, but he had declined. 



Study oj Geojuetry. 



131 



family, where all my happiness is. I shall write to some of the cnAntR iv. 
children. Give my love to the others, and kiss the little ones for 
me. Affectionately yours, 

J. Mason. 

JEREMIAH MASON T(J MISS MAKV E. MASON. 

Washington, 'January 24, rSi6. 

Mv DEAR Mary, — lam pleased with your progress in Euclid. 
The study of geometry affords a noble exercise for the mind. 
Women are generally prejudiced against it and all kindred studies. 
They often say such studies are useless for them. This is wholly 
untrue. The chief object in the study of geometry, as well as 
other departments of mathematics, is to enlarge, strengthen, and 
discipline the mind. If, then, it be important for women to think 
and reason, it is important for them to cultivate these studies which 
enable them to think and reason correctly. I was sorry to learn 
that a foolish antii)athy to arithmetic prevails in your Academy. 
By the progress you have made in Euclid I trust you have over- 
come your dislike to such studies. By application you may soon 
be able to find as much or more amusement in them than in music 
or drawing. 

If I do not write to Alfred and James by this mail, tell them I 
will soon. Your affectionate father, 

J. Mascn. 

JEREMIAH MASON TO MRS. MASON. 

VVa.shinoton, January 27, 1S16. 

Mv DEAR Wife, — I expect evil consequences 

from the unexampled difficulty experienced in finding a candidate 
for Governor, stated in your letter and in others I have received. 
The consequences, however, must be more deplorable than I appre- 
hend, to make me regret the course I adopted. I certainly did not 



132 



Memoir of yeremiah Mason. 



ChAI'TKR IV. 



expect the extreme difficulty which has been experienced. All the 
world here are talking about Mr. Randoljih, who has been talking 
in the House of Representatives all the time of the session for three 
full days in succession, about everybody and everything. He ob- 
serves little or no connection in his discourses, and produces no 
effect except entirely to destroy his own rei)utation and influ- 
ence. I have not heard him during any of his very long speeches. 
But those who did are almost universally di.sgusted. His standing 
and influence ii^ lost. The administration party are in almost as 
great perplexity about their candidate for the next Presidency, as 
we are in New Hampshire about our next Governor. At this mo- 
ment the chance is against Monroe, and in favor of Mr. Crawford 
of Georgia. Perhaps a few days may change the prospect, and set 
both aside and present a new man. The Federalists take no part 
in the quarrel. I am growing more and more tired of all political 
quarrels. My present intention is to return to you early in the 
spring, whether Congress rises or not. I do not, however, yet think 
of fixing any ])recise time. Depend upon it, I will come as soon 
as with any propriety I can. 

Affectionately yours, J. Mason. 

JEKKMl.Ml M.ASU.N TO MRS. M.\SON. 

\V'..\siiin<;tc)N, February 15, i8i6. 

Mv DKAK Wife, — I have just received your note dated Saturday 
afternoon, which I jiresume must have been last Saturday. 1 he 
mail had previously been delayed. I am glad little Mary Ann has 
eot on her feet. I should like to see her, with all the other little 
frolicsome actors of the nursery, which would be much more amus- 
ing and gratifying than anything I meet with here. Although I 
had determined to the contrary, I find mj^self quite as much, if not 
more ensaafed in the ordinarv business of Con<jress than I was in 
former sessions. Being obliged to vote and act in matters of no 
sniall national importance, I cannot if I would, avoid taking a con- 



Pleasure m hearing from Hoine. 



ITT 



siderable interest in them, which often compels me to take some 
pains to get the necessary information. I shall not, therefore, have 
so easy a time of it this winter as I intended. There is an unusual 
multiplicity of business, and the present appearance is that w-e shall 
have a long session. I do not, however, intend, unless there should 
be more necessity for it than I anticipate, to tarry longer than I 

first determined on 

Truly yours, J. Mason. 

JKKKMI.MI M.\S()\ TO MRS. MASON. 

W.VSHINGTON, Siitunfay cfminx', Ffbriiary 17, 1S16. 

Mv DEAR Mary, — In your letter of iith of February, you say 
the letter you had just received from me was the only one you had 
received for more than a week. I think it must have been owing 
to some irregularity in the mail, for 1 do not believe I have ever 
omitted to write so long. I have usually written as often I sup- 
posed as twice a week. For the future 1 will endeavor that no so 
great interval of silence shall occur. I will at all events be care- 
ful not to be in debt on this score. All your letters shall be punc- 
tually answered at least, and I wish you to write as often as you can. 
I can with truth assure you that the most agreeable moments I ex- 
perience here are those employed in reading your letters. You 
cannot well conceive the interest which the narration of any little 
family incident excites. One reason for it, is, that I take no in- 
terest in the concerns of most of those I see and associate with. 
This has some exceptions. There are a few men here, for whom I 
have not only a high respect, but also a most sincere esteem. My 
acquaintance with them I consider the chief compensation for the 
many sacrifices I have made in coming and remaining here. But 
warm friendships arc not often contracted among men who have 
arrived at or passed the middle age of life. This is j^erhaps more 
especially the case among ambitious men, of which character, the 
most I see here partake in a greater or less degree. I do not mix 



Chapter IV. 



134 



Chapter IV. 



Memoir of yeremiah Mason. 



so much in society as I told you I intended to do. I cannot do it 
without more trouble than it is worth. The situation and condition 
of the place render it very inconvenient. Mr. Dexter, of whom you 
inquire, I have seen very seldom and accidentally. He occupies a 
small tenement near the Capitol. I see but little more of him than 
I should if he was at Boston. I am told he is a very common at- 
tendant at the President's, or rather Mrs. Madison's, where I never 
am more than mere etiquette requires. Mr. Atherton I see very 
seldom, not more than two or three times since I came here, and 
then only for a few minutes. He and I live almost four miles 
apart. Mr. Marsh has gone honie. Mr. Gore has been confined 
the most of the time he has been here. His complaint has been 
a lameness in one of his knees, which he thinks is caused by rheu- 
matic aftection. He is recovering slowly, and rides out almost 
every day. He expects in a few days to resume his seat in the 
Senate. He has suffered much and borne it with great fortitude. 
He has not, however, at any time supposed his situation danger- 
ous Affectionately yours, 

J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, February 25, 1816. 

My dear Wife, — Mr. King is nominated for Governor of New 
York, as you have probably seen in the papers. It was without his 
knowledge or consent. He has not determined what he will do. 
A very earnest press is made on him, which seems to embarrass him 
a little. If he assents, it will be attended with a great sacrifice of 
personal feeling and inclination. The weather here is now mild, 
and exhibits the appearance of early spring. The spring is much 
earlier than ours. No more severe cold is expected. I shall write 
to some of the children, and wish you to give my love to the 
rest. I would give more for an opportunity of seeing them than all 
the grave politicians in Washington. I can form no opinion of 
the end of the session, but I intend to terminate my session some- 



Education of CJiildren. 



time in April. The political fever here is less violent than the last 
•A'inter. Party zeal seems to be subsiding, and we are of course 
more quiet and good-natured. Affectionately yours, 

J. Mason. 

W S. — Either this mail or the next I shall send the little children 
some picture-books. 1 have Jane's letter, for which thank you. 

JEKEMIAII MASON TO MK.S. MASON. 

VVa-shington, March 8, iSi6. 

Mv iiKAk WuE, — You seem to have a pretty strong 

inclination for reading Congress speeches. Could I suppose any 
considerable portion of the community participated with you in 
that inclination, I should pcrhajjs be more inclined to adopt what 
I conceive to be your advice on this subject. It is said a stenog- 
rapher is to attend in the Senate, in which case it is probable your 

inclination will be gratified 

Aflectionately yours, J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, March lo, iSi6. 
My dear Wife, — I have just received a letter from George in 
which he gives a pretty favorable account of himself. I hope it is 
not unjust. I have written to him two or three times. Although 
I am satisfied Dr. Appleton will do for him all in his power, I can- 
not but feel some an.xiety about him. The more I see and notice 
the world, the more am I desirous of bestowing attention on the 
education of our children. It is of vast importance to them. In 
our country education is more important than in those where rank 
and fortune .secure a certain grade and standing in society. I 
should decidedly prefer giving our children superior educations to 
Ljiving them fortunes without educations. With this opinion I 



Chapter IV. 




136 



Chapter IV. 



Memoir of yeremiah Mason. 



know any neglect of duty towards them in this particular will be 
attended with lasting regret. Thus far I trust we have performed 
this duty with diligence, and I hope some success. To Mary, I 
have no doubt you pay all necessary attention. From you she 
must receive the most important part of her education. Others 
may teach her common literature and ordinary external accomplish- 
ments, but you alone can with maternal care and authority, teach 
her to cultivate pure affections and true sensibility, and all the 
virtues appropriate to the female character. This is the instruction 
most necessary for a young female, and compared with which all 
other instruction is of little value. We are employed here, as 
usual, in matters which we deem of great importance and which 
other folks care nothing about. The Bank is still under considera- 
tion, and excites increased interest. It is generally believed the 
bill will pass. Nothing is determined as to the Presidential elec- 
tion, but I think it will soon be. I often think of home, and never 
without wishing myself there. Give my respects to Mr. Fales and 
love to the children. Yours most affectionately, 

J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washington, March 16, 1816. 

My dear Wife, — I have had two letters from you since I last 
wrote. I am exceedingly glad our domestic concerns are so pros- 
perous. You seem to have had less trouble in managing them 
than, considering the unlucky accidents which have occurred, I 
expected. I most sincerely wish I was at home to share them witli 
you. I cannot yet fix the time I can set out to return. I have 
intended, as I believe I have written you, to set out the first part of 
April. I still intend it if possible. There is, however, some busi- 
ness to come before Congress, which I shall be very unwilling to 
leave unfinished. It is now thought the session will end by the 
last of April. Of this, however, no certain opinion can be formed. 
An act has just been passed, changing the compensation for mem- 



Democratic Caucus for noviina ting a President. 137 



bers of Congress from an allowance of six dollars a day to a salary 
if $1,500 a year. It is supposed this will shorten the sessions. The 
real object is to increase the compensation, which it will do to the 
amount of about one third. Though I like having the money well 
enough, I was among those who doubted the expediency of taking 
it in this wav. I do not think this measure will have much effect 
in shortening the present session, whatever it may do in future. 
The Bank Bill, which has been a long time under consideration, 
has just passed the House of Representatives, and come to the 
Senate, where it will doubtless pass. Mrs. Madison, with other 
high court dames, lately |^pt|hrmpd Cnni rri'^ui- iiax^nn act of incorpora- 
tion for a Female Asylu m, uf which Mr>. M. was to be p i\;sidcntess. 
The Senate most ungallantly rejecte d the ]xtitiiin. Being among 
the rebels on this occasion, I expect to experience no more smiles 
at the palace. This evening is to be held the grand Democratic 
caucus for designating the next President. There has been great 
difficulty, and the party is now believed to be so equally divided 
between Monroe and Crawford, that many doubt which will be 
selected. I expect Monroe will succeed. I have not had the easy, 
amusing winter 1 intended. My time has been mostly devoted to 
the business of Congress. I have spent little time out of my own 
lodgings, e.xcept in the Senate Chamber. The winter has, however, 
passed as much to my satisfaction as I expected. Party spirit has 
a good deal subsided. If I can get away in season, I shall be toler- 
ably satisfied. Affectionately yours, 

J. M.VSON. 
JEKKMIAII MASON TO MRS. MASON. 

Washington, Fchniary lo, \Z\(<. 

Mv DEAR Wife, — I have had no letter from you since the one 
dated January 3rst. I believe I have not written so often for the 
ten days past as I usually do. The truth is, I have been a good 
deal occupied by the ordinary business of Congress. Though noth- 
ing of very great importance has been under consideration, we 

iS 



1 



APTER IV. 



I 

1 



138 



Memoir of yeremiah Maso7i. 



Chapter IV. 



have been very much engaged in the common business of the 
session. The land tax, which has occasioned so mucli dcljate in the 
House of Representatives, has not yet come to the Senate It is 
very doubtful what will be its fate, as also with the bank bill. The 
matter of the next presidency still continues to be the subject of 
the greatest interest. The chances between Monroe and Crawford 
are supposed to be nearly equal. The common opinion is that 
they will not settle the question between themselves, but refer it to 
the nation. I think it most probable they will in some way make a 

compromise Affectionately yours, 

J. Mason. 

JEREMIAH MASON TO MRS. MASON. 

Washincton, Afarcli 20, 1816. 

My dear Wife, — I presume you have seen the result of the 
Democratic caucus, in the nomination of Colonel Monroe by a very 
small majority. This has been and continues to be the subject of 
general conversation and high excitement. Crawford's friends, 
though dissatisfied, will probably in the end submit. This, how- 
ever, is not yet certain. We are now beginning to hasten, in the 
despatch of public business, to bring the session to a close. I think 
Congress will adjourn in the course of April. Whether I can set 
out before the adjournment, I cannot yet say. I have heard no 
news of the New Hampshire election. I feel anxious to hear, and 
hope to-day's or to-morrow's mail will settle it. 

In haste, truly yours, J. Mason. 

JEREMIAH JIASON TO MRS. MASON. 

Washington, March 24, 1816. 

My dear Wife, — I have received your letter of 12th, after the 
one dated the 15th inst. The mail has, during the winter, been very 
irregular. I was pretty well prepared to expect the unfortunate re- 
sult of the election as to the governor, but not as to the Legisla- 



The Bank Bill and the Tariff. 



ture.' I still hope the Senate is not changed. If all the depart- 
ments of Government are thus suddenly changed, I fear much 
mischief from the first ebullition of party heat. The presidential 
election here is generally believed to be determined in favor of 
Colonel Monroe, not, however, without much dissatisfaction amone 

the Democrats I never felt a stronger desire to be at home 

than at the present time. This is about the time, or near it, when I 
had intended to set out on my return. Hut however disagreeable 
it is to tell you .so, I cannot determine with any certainty on my 
return. At present, with a proper regard for my duty, I cannot 
leave my scat vacant unless urged by high necessity. The bill for 
incorporating the bank is coming under the consideration of the 
Senate. Very important alterations will be attempted. The new 
tariff of duties is also to be acted on, with several other important 
measures. I think Congress will rise the latter part of April, per- 
haps by the 20th. When I have mentioned to two or three of my 
friends an intention of going away before the end of the session, 
they have objected in the strongest terms. I will come as soon as 
I can. I have written to my brother I shall return by way of Leb- 
anon Affectionately yours, 

J. Mason. 

JKKKMIAII MASON TU MRS. MASON. 

Washington, Miin/i 26, 1S16. 

Mv i)i:\K Will-;, — In your last letter you mention your anxiety 
about the children, especially the eldest. It is a subject on which 
we shall probably always feel anxious. As they are, to all appear- 
ance, doing tolerably well, I think it wisest and best for us to en- 
deavor rather to lessen than increase this anxiety. We ought to 
and I trust shall faithfully perform our duty towards them. This 
we must do to the utmost of our power. This done, the excess of 
anxitty ought to be repressed, because it can do them no good but 

' .At (he spring election of iSi6, llic Democr-itic party in New Hampshire clecfd their candidate 
for governor, and a majority of members in both houses of the Legislature. 



139 



ClIAl'TKR IV. 



140 



Memoir of yei^emiah Mason. 



chaptekiv. may become to us the source of much suffering. You say you 
doubt the propriety of sending Mary from home this spring.^ I 
rather think, as I did when we last conversed about it, that it will be 
best for her to go to Boston, if a suitable situation can be found for 
her. Perhaps, however, there will be no benefit in fixing her fancy 
on this plan at present. If anything should prevent it, she might 
feel disappointed, and be less inclined to attend to her studies at 
home. The expediency of sending her there will depend much on 
the finding a good situation. I shall be at home in season to de- 
termine about it. In the meantime, you can make such inquiries as 
shall be in your power. Since I last wrote you I have made two 
short arguments on the tedious and trite subject of the Bank. One, 
I believe, was no great affair ; the other, in my opinion, pretty good. 
It was supposed to have some effect towards attaining its object, 
which was an amendment to the bill carried against the pronounced 
determination to have no amendment made. This bill will occupy 
the Senate for several days. You have seen in the papers the 
arrival of Mr. Bagot, the British minister. His wife, it is expected, 
will be the subject of the most attention here. She is the niece of 
the great Uuke of Wellington, and of course the subject of atten- 
tion and curiosity. They have taken lodgings in the same hotel I 
am in, for a short time, till their house shall be prepared. I called 
yesterday to make a visit of form. The lady affects great affability, 
and professes to be pleased with everything she sees in the country. 

Affectionately yours, J. Mason. 

! JEREMIAH MASON TO MRS. MASON. 

Washington, April d, 1816. 

My dear VVit'E, — Yesterday I received your letter of 30 March, 

and am glad to know you all continue well. I feel very impatient 

with the prospect of being detained here longer t.han I intended. 

I think the session will end the latter part of this month. I do not 

1 That is, to school in Boston. 



Adjotirnment of Congress. 



141 



intend to stay longer than about the 20lh. The Bank Bill has chapter iv. 
passed. The new tariff of duties is now the business of the greatest 
importance. That still remains under discussion in the House of 
Representatives. It will be before the Senate next week. The 
last of a session is always unpleasant on many accounts. The 
business always presses so as to leave no leisure to those who at- 
tend to it. But what is worse, everybody becomes sour and ill- 
tempered. After being shut up together for three or four months, 
debating and quarreling, it would be expected that better men than 
the most of us are, would become heartily tired of each other. I do 
not think a legislative body ever ought to continue together more 
than three months at one time. That is certainly long enough, if 
they sit in such a place as Washington, where they can see ai. . 
converse with none but themselves. With all these grievances, the 
winter has passed tolerably well with me, certainly as well as I 
e.Kpected. I have been little in company, because I found little 
amusement and less instruction, in any I could hear of here. Party 
spirit, which the last session was very acrimonious, has greatly sub- 
sided. Indeed party distinction has almost disajipcared in both ^ 
houses of Congress. It is possible some occasion may again call it / 
up. But the distinctions between Federalists and Democrats will, I 
think, never again be felt as strongly as they have heretofore been. 1 
There is now more aiJjK-arance of the distinction being forgotten I 
than I have ever before seen. J 

I. M.VSON. -^ 



Affectionately yours. 



J- 



ji:ki:mi.\ii mason to .mks. masox. 

\\'asiiington-, April 14, \%\(<. 

Mv Di.AK Will., — I have your letter of 7th April. I have ex- 
pected Congress would rise the 2 2d inst., which was named for that 
purpose. Yesterday the c|uestion was called up in the Senate, and 
it was thought impossible, with proper consideration of the public 
business, to adjourn at that time. The determination of it is post- 



142 



Memoir of yeremiah Mason. 



Chapter IV. 



poned to next Saturday. Congress it is said, and I believe, will 
adjourn before the last of the present month. I have always in- 
tended, if Congress did not adjourn, not to postpone my journey 
home later than the 2 2d. But I cannot be certain of setting out at 
that time. The Tariff Bill, with some other important matters, re- 
main to be acted on. I am told I must not go away till these are 
despatched, and that will be at or near the end of the session. I 
want to leave this place, where there is little I like, and I want ex- 
ceedingly to be at home, where is, and always must be, all my 
happiness. I shall come as soon as I can. I have agreed with 
Mr. Webster that we will go together. He wishes to set out by 
the 25th. I wish you to continue writing to me here, till I mention 

some other place for your letters to meet me on my way 

Affectionately yours, J. Mason. . 

JEREMIAH mason TO MRS. MASON. 

Washington, Mom/ay, April 22, 1816. 

Mv DEAR Wife, — It was till lately expected that Congress would 
rise on the evening of to-day. The period is now postponed cer- 
tainly till the first of next week. There is a great press of business 
in the Senate, mostly of an ordinary sort, but some important. 
Mr. Webster and I have agreed to return together. He wants to 
set out this week. I have doubts whether it will be possible for 
me to do so without incurring an imputation of neglect of duty. I 
wish you to direct to me here, till I request you to omit it. Your 
letters will be sent after me on the road if they come after I have 
set out. The spring here is said to be very backward, the weather 
for three or four weeks having been cold, till a few days past. The 
fruit trees are still in blow, and the country begins to look pleasant. 
I have taken advantage of it by two or three short rides, which 
after my winters confinement have been very agreeable. On Sat- 
urday I went to dine at a Mr. Calvert's, near Bladensburgh, where 
I saw a collection of paintings supposed to be the best ever seen in 



Mr. Calhoun. 



this country. They were sent to this country to escape Bonaparte's 
grasp, and are soon to return to Europe. Yesterday I went to 
Alexandria, where I attended church in the forenoon, and dined 
with Mr. Swan. If I was not confined to my place in the Senate, 
I think I could dispose of a few days pleasantly enough in niakino- 
a few short excursions. I have never been here when the weather 
was so inviting. Tlie congressional invalids, of whom there have 
been a considerable number, are fast recovering. Dissatisfaction 
with their situation and want of exercise were, I believe, the chief 
cause of their complaints. I promise myself good weather, and 
consequently a pleasant journey home. I shall not come home so 
rapidly as I sometimes have. I must stop in Connecticut, and Mr. 
Webster wants to be a day or two in Philadelphia and New York, 
which will also be agreeable to me, if we can spare the time. It 
will make but a few days difference in the time of my getting home. 
Affectionately yours, J. M.vso.n. 

The second session of the fourteenth Congress began on the sec- 
ond day of December, iSi6, and closed on the fourth day of .March, 

1817. Mr. Mason was in his place on the first day of the session. 

He was again put upon the leading committee of the Senate, that 
on finance, and he was also a member of that upon commerce and 
manufactures. The legislation of the session was not of much in- 
terest or significance. The most imjjortant measure acted upon 
was a bill introduced by Mr. Calhoun to apj^ropriate as a permanent 
fund for internal improvements the bonus of the bank of the United 
States, and the government's share of its dividends. This passed 
the House after much opposition, and by a very small majoritv, and 

ilso went through the Senate with a large negative vote, but, doubt- 
less much to the surprise of its author and its chief supporters, it 
was vetoed by the President on the ground of unconstitutionality. 

To those who remember the later years of Mr. Calhoun's public 
life, it will be curious to note that at this time his name was identi- 
fied with three such measures as a bank of the United States, a 



143 



Chapter IV. 



144 



Memoir of yeremiah Alason. 



ClIArXER IV. 



protective tariff, and a national sclieme of internal improvements. 
He was then a very young man, having only reached the age of 
thirty-five years at the close of tJie fourteenth Congress. He was 
the administration leader in the House, and had won that position 
by a combination of qualities at once solid and brilliant; by patient 
industry, by eloquence and energy in debate, legislative tact, com- 
prehensive statesmanship, and singular powers of fascination over 
those who came within his personal influence. He was the pride 
and hope of the great party to which he belonged, and no man of his 
age had seemingly. so brilliant a future before him. Over Mr. Cla}', 
his only rival in popular favor, he had an advantage in the austere 
purity of his private life. It is sad to think of the false lights that 
led him astray in his latter days, and of the doubtful name he has 
left in history, when compared with his striking early promise. 

Mr. Mason, on the 17th day of February, submitted a motion to 
reduce the military jDcace establishment from ten thousand to five 
thousand men, and supported the measure in an able and elaborate 
speech, showing at once reflection and research. He was replied to 
by Mr. Barbour, of Virginia, and his motion was indefinitely post- 
poned by a vote of twenty-four to eleven. 

Mrs. Mason passed the winter with her husband at Washington, 
and thus we miss the record of his life there which is supplied in 
previous years by his letters to her. He wrote occasionally to his 
children, and one or two letters passed between him and his friend 
Mr. Gore, who since the close of the preceding session had been 
compelled by ill health to resign his seat in the Senate. He also 



wrote a letter to Mr. King, who did not take 



his seat till the 30th 



of December. 



JEREMIAH MASON TO RUFUS KING. 



Washington, December 15, 1816. 

Dear Sir, — I have your letter of the 8th, and though I am for 
many reasons desirous of your teing here, I cannot state any im- 
portant business which is likely soon to come before the Senate. 



Kcnhickv Horse Act. 



145 



The standing dishes served up by the President will, I think, re- 
main untouched for the benefit of his successors. An attempt will 
be made to establish a national university, which I am told will 
probably fail in the House of Representatives. A bankrupt law and 
a navigation act, similar to the British, will also be attempted. 
The western men intend to upset the whiskey tax, which must, of 
course, be attended with the repeal of all the internal taxes. But I 
do not think any of these will reach the Senate till after New Years 
day. 

The President has found out, as you have probably seen I)y the 
papers, that the Kentucky Horse Act of the last session needs mend- 
ing.' Much abuse is cast upon poor Lee, the commissioner. I be- 
lieve his decisions are of a complexion very similar to the law he 
acts under. A treaty with Sweden has been sent to us. I did not 
hear it read. When |)rinted, I will send you a copy. 

We, with Mr. and Mrs. Webster, are lodiicd in one of the houses 
of Carroll's Block, a few doors south of Oueen's Tavern. We are 
entirely by ourselves. The people of the hou>e are disposed to do 
the best they can for us. We do not fare very sumptuously, but on 
the whole are as comfortably situated as we had reason to expect. 

Crawford's establishment is continued by his brother, who, when 
I called there, was not to be found. The bar tender told me yf)u 
were expected. Major Lewis Grosvenor and Herbert are the only 
members of Congress there. 1 am told the establishment is some- 
what deranged. Bailey, a reformed gambler from V'irginia, has 
taken and fitted up for a tavern the house south of the Old Capitol, 
where the .Su|)reme Court held their session last winter, together 
with the ln>use adjoining. He al>o lias the house occupied by Dal- 
las. It is said his accommodations are very good, and that the cook- 

' Mr. M.>ji>ii here allmlc^ lo an ail cnlitlcil " An act to auiliorizc ihe payment for property lost, 
capturrfl "r •lr'iir..vc<l by the enemy, while in the military scr\icc of the L'nitcd States, and for other 
' 1 April 9. iSi6. It w.is introilnicd by Mr. (■■hiison, of Kentucky, and horses 

I • p<>r(i'>n of (he property referred to. Mr. I,ce was the commi-saioner under 

Ihi^ aiit. I lit ' ..ige lo Congress, December 6, 1816, calling their atten- 

tion to the .let . ,1. 

19 



ClI.MTER IV. 



14-6 



Memoir of yeremiah Mason. 



'cHAriER IV. ery is superior to what has been found here. Should you prefer 
being on the Hill to going to Georgetown, as I hope you will, I am 
inclined to think you may be as well suited at Bailey's as at Craw- 
ford's. I am told tjiat Mrs. Wadsworth, who has pretty good rooms, 
has no lodgers. I will wilhngly make any further inquiries or ar- 
rangements for you on this subject that you may wish. 

I am, sincerely and faithfully, your most obedient servant, 

J. Mason. 



P. S. — Mr. Harper has resigned his seat in the Senate, which is 
to be filled by Hanson. I am in doubt whether to set this down to 
the side of profit or loss. 

JEREMIAH MASON TO MISS MAKV E. MASON. 

Washington, Dacmbo- 19, 181 6. 

Mv DEAR Mary, — Since we parted with you in Boston, we have 
heard from you less frequently than we have wished. Your mother 
has several times expressed some anxiety about the cause of your 
silence, fearing you was sick. You must in future write to us of- 
tener. We shall expect a letter from you in future either to me or 
your mother, once a week at least, and as much oftener as your lei- 
sure and inclination will permit. Separated from us and all the 
family, as you are, we feel more anxiety to hear from you often than 
we otherwise should. I wish you to give me a particular account 
of your studies, and how you are suited in all particulars with your 
situation. Your mother bore the journey here remarkably well. I 
think her health is better than it has been the two or three years 
past. I hope there is no occasion for my advising you to diligent 
application to your studies. You must recollect that the coming two 
or three years of your life, if misspent, cannot be recalled. You 
will at that time be a young woman, to whom all who may know or 
hear of you will assign a character which it will not be easy after- 
wards to alter. I trust your situation and opportunities are favor- 



PVedslers Report on the Compensation Law. 



able for improvement, and I entertain sanguine expectations of 
your rapid progress. You mention that Dr. Park iias said nothing 
to you about composition. Wlien I saw him I told him I should 
submit the direction of your studies to him. 1 have much confi- 
dence in him. You may, if you please, mention the subject of com- 
position to him. Inform me if you experience any difficulty in get- 
ting to school in bad weather, and how your health is. I believe 
your mother wrote to you that you might lend the books you men- 
tioned as you wish. In your vacation, should an opportunity occur, 
I think you had best make a visit to .Amherst. 

1 am most affectionately yours, J. M.\son. 



147 



Chai'ier IV. 



JKRKMI.MI MASON" To CIlKISTollIKR GORE. 

W.x.'.iiiNiiTo.v, Dfcember 2,0. 1816. 

.Mv DEAR .Sir, — I have vour letter in which, among manv better 
things, you remind me of my negligence in not writing to you. 
My case is not c|uitc so bad as you suppose. I really have written 
to you once since I arrived here. As nearly as I can recollect, it 
was about a fortnight ago, and which of course vou ought to have 
received before your letter to me. I suppose my wrong direction 
must have delayed your receiving it. Of news we have nothing. 
In dullness and indolence in the way of business, the commence- 
ment of this exceeds all former sessions of Congress which I have 
known. As yet, nothing has been done in either House. In the 
Senate we have said nothing. The Representatives have talked a 
little, but to no point or purpose. Webster's report on the Com- 
pensation Law is the only thing produced which has attracted any 
notice. All the friends of that toickai measure think he has made 
for them a very able defense. It has renewed their courage to 
such a degree, that I expect they will let the law remain long 
enough to answer all the purposes of this session. A very extraor- 
dinary degree of listlcssness pervades the Legislature. Everybody 
si't-ms convinced of the impossibility of resisting executive influ- 



148 



Memoir of Jereviiah Mason. 



Chapter IV. 



ence, or giving any new direction to the political machine. The 
Federalists, having lost all hope, and consequently having no bond 
of union, cease to act with any degree of concert. I see notliing 
which will again unite them. They may occasionally show them- 
selves in some of the States, but in this government they will soon 
become extinct. It is to be hoped an opposition will arise from 
some other quarter, and under another name, that may restrain 
executive power and iniluence, which in my opinion is becoming 
really formidable. Nothing else is seen or felt here. At present 
none who have the means wish to restrain, but all wish to partici- 
pate in that power. Nothing seems to be agreed on as to the next 
Cabinet. Crawford, it is said, wishes to be retained. If so, he 
must be gratified for a short time ; but the sins of a competitor for 
the diadem can never be forgotten or forgiven. I think it probable 
Mr. Monroe is inclined to make J. O. Adams .Secretary of State, 
believing there is no danger of finding in him a dangerous rival 
four years hence. But Clay, with his western people, will oppose 
that project If Adams is brought in it will not be with any inten- 
tion of his final advancement to the presidency. I rather expect 
he will remain in his present situation, where he seems in no dan- 
ger of acquiring too much reputation. Mr. Coleman delivered me 
your letter. I carried him to the Senate and introduced him to 
several of our friends. He soon got into so good company that I 
saw little of him. Mrs. Mason and Mrs. Webster continue to be 
better pleased than I expected. The weather has been remarkably 
fine, which they improve in seeing the great city and its vicinity. 
Mr. King has arrived. Excepting a trifling cold, he is very well. 

Sincerely yours, J. Mason. 

JEREMIAH MASON TO CHRISTOPHER GORE. 

Washin(;ton, 'Jainiary 25, 18 17. 

My dear Sir, — I presume from your letter of the nth that 
you have a very just idea of our condition. On no occasion has 



Ru7nnrs^ (7s to Cabinet Appointments. 



149 



anything like a Federal opposition appeared during this session, 
in either House. It will never atrain be seen. There is nothing 
to sustain such an opposition. Under existing circumstances I 
doubt if such an opposition is to be wished for. What good can it 
do.' What section of the Union, or portion of the community, 
would sustain a man, who should now take upon himself the labor 
of exposing the grossest peculation and mismanagement .'' Riding 
on the top of the popular tide, the executive can easily run down 
any man or any number of men who should make the idle attempt. 
The people would not believe the alleged abuse to exist, till com- 
pelled by the most irrefragable evidence, when they would probably 
justify it. What then are the men who do not and cannot agree 
to the measures of government to do .'' I think they can do noth- 
ing. The preparations which I see among the Federalists to make 
their somersets e.xcite neither pain nor displeasure. Let those who 
wish to go pass over quietly. The most of them will meet with a 
favorable recej^tion. Monroe wants recruits for the war of the next 
succession, and will smile on all who come. His apprehensions are 
not without foundation. As one opposition sinks another will rise, 
and perhaps with more favorable auspices. It is rumored that mur- 
murings are already heard. Within a day or two, the report that 
J. Q. Adams is to be Secretary of State has gained more credit. 1 
have had it from a source that convinces me it is seriously thought 
of. The inducement is said to be to lessen the jealousy against 
Virginia, and conciliate New England. Some think there is a 
bond Jidc intention to designate him for the next presidency, and 
that Colonel Monroe believes this the best wav of securing his next 
four years term. Others suppose the only object is to afford A. a 
fair chance of hanging himself, which they say he will certainly do 
in a short time. Mr. Clay gives no credit to the latter supposition. 
He with all his western friends are clamorously opposed to A. 
Crawford is said to be sulky, and to talk of retiring. I think better 
of Mr. Adams' prospect than I have heretofore. I do not however 
believe anything is yet determined on. No movement has been 



Chapter IV. 



ISO 



Chapter IV. 



Memoir of J eremiah Mason. 



made in the Legislature respecting the Massachusetts Militia claim. 
I understand Messrs. Lloyd and Sumner are arranging the accounts 
for executive examination, in hopes of getting a portion allowed on 
the principles established in favor of the Virginia claims. They 
may get a small pittance on that ground, but I suspect before they 
obtain any serious amount, they will find they know nothing of the 
true key for construing the Virginia rule. 

Truly yours, J. Mason. 

JEREMIAH MASON TO MISS MARY E. MASON. 

Washington, yaiiiiary 25, 1817. 

My DEAR Mary, — Your letters have given us much satisfaction, 
especially since you have abandoned the too laconic style of one or 
two of the first. But I have received a letter from Mr. Webster 
which gives me more pleasure than any of yours. He says Dr. Park 
spoke in very favorable terms of the progress you make in your 
studies, which I trust he would not do without your deserving it. 

I have several times endeavored to impress on your mind the 
importance of a zealous and assiduous attention to your studies, and 
I shall think my labor and pains amply rewarded if I can suppose 
I have in any degree contributed towards the attainment of this 
object. I have much confidence in your preceptor. He will afford 
much aid, but the chief dependence must be on your own exertions. 

An ill founded opinion has prevailed too extensively that liter- 
ary acquirements do not constitute an essential ingredient in the 
character of an accomplished woman. Fortunately for your sex 
this foolish opinion is much less prevalent now than formerly in our 
country. Great improvements have already taken place in this 
particular of female education. I have no doubt they will continue 
and increase, and that the women of the rising generation will in 
literature at least greatly excel their predecessors. This reflection 
must not only e.xcite a laudable ambition in a generous mind for 
literary attainments, but impose a degree of necessity for exertion 



Advice as to Stndv. 



I ;i 



even on the sluggish and ignoble. For I hope that ignorance in a 
woman who has had a convenient opportunity for acquiring knowl- 
edge, will soon be deemed as disgraceful as it is in a man. 

The only restraint on your application to study should be a proper 
attention to your health. This must not be neglected. You must 
allow a reasonable portion of time for exercise, recreation, and atten- 
tion to your person. 

I wish you to inform me what you have studied since you ha\e 
been at Boston, and state to me also frankly how you stand in com- 
parison with others in your class. Your mother joins me in cordial 
love t'l vol). Most aft'ectionately yours. 

J. Mason. 

JERKMIAH .MASO.X TO JAMES J. MASUN. 

Washington, j<tni/itrv z^, 1817. 
Mv Dkar James, — We have been much gratified by regularly 
receiving your and Alfred's letters since we parted with you, and 
also by the accounts we have had from others of your correct con- 
duct. I hope you are diligent in your studies, and that I shall find 
on my return in the spring that you have made good proficiency. I 
wish you to attend to your handwriting, in which I am glad to see 
you have made some progress. When you next write, tell me what 
you are studying, and how long lessons you get. I suppose George 
is still with you, unless he has gone to Amherst. His visit I trust 
has been very pleasant both to you and Alfred. Your mother and 
I look forward with exceeding great pleasure to the time of our re- 
turn home, when we hope to have you all together again in health 
and happiness. I trust that you as well as the rest of our beloved , 
children, will so conduct as to merit our entire approbation, which 
will greatly increase the pleasure of that happy meeting. 

Your aflectionate father, J. Maso.n. 



CllAriER IV. 



152 



CHAl'TIiR IV. 



Memoir of yereniiah Mason. 



In August, 1816, the following correspondence passed between 
Governor Plumer and Mr. Mason, relative to a seat upon the Ijench 
of the superior (the highest) court of New Hampshire. 

WILLIAM PLUMER TO JEREMIAH MASON. 

Epping, August 7, 1816. 

Dear Sir, — Yesterday I received official information that Mr. 
Upham declines accepting the office of a justice of the Superior 
Court of Judicature. Another judge must therefore be appointed. 
Agreeably to your request I give you notice of the fact ; and permit 
me to inquire if you are appointed Chief Justice of that court, will 
you accept the office.'' It has long been my desire that you should 
have that office, and I think it will be offered to you, provided I 
have assurance you will accept it. It is an office worthy your am- 
bition, and one I hope you will hold till you are removed to the 
bench of the Supreme Court of the United States. How soon the 
Council will be convened is uncertain ; but I will thank you for 
your answer as soon as convenient. 

And in all events believe me to be with much respect and esteem, 
Sir, your most obedient humble servant, 

William Plumer. 

jeremiah mason to william plumer. 

Portsmouth, August 18, 1816. 
Dear Sir, — I am sensible of the honor you do me by the inquiry 
in your letter of the 7th inst. You ask whether if appointed I will 
accept the office of Chief Justice of the Superior Court. There may 
bean appearance of indelicacy in my stating any determination on 
this subject while there is no vacancy in the office in question. I 
think, however, under the circumstances of the case, I ought not to 
be influenced by that consideration, but frankly to communicate at 
your request the result of my reflections. 



New Hampshire J udiciary. 



153 



Could I flatter myself with the belief of possessing the necessary 
qualifications, the proposed office would certainly satisfy my highest 
ambition. There would however still remain two objections which 
seem to me to be insuperable. 

The salary by the present law allowed is in my opinion wholly 
inadequate. The duties of the office are very laborious, and the sit- 
uation highly responsible. The proper discharge of those duties 
must necessarily engross so large a portion of the whole time as to 
leave very little leisure for any other employment, For such 
arduous and constant labor in so responsible a situation I cannot 
think the present salary a reasonable compensation. 

My other objection arises from the late organization of that court. 
Experience has, I think, demonstrated that if the three judges are 
required to be all present at each jury trial tliey can never do the 
business of that court in a manner satisfactory to themselves or 
beneficial to the public. For many years past the business has been 
gradually increasing, and it will probably continue to increase with 
the increasing wealth and population of the State. Whoever shall 
be the judges, I think I hazard little in foretelling that under the 
present system the business will accumulate, and consequently be 
delayed to a very injurious degree. Perhaps there were defects in 
the plan lately abolished which needed a remedy. But I shall be 
greatly disappointed if the return to the old system in the particular 
I have mentioned should not be found to be injurious, and a contin- 
uance in it impracticable. If the judges are competent for their 
places, 1 think there can be no danger in confiding to a single judge 
the power of ruling the evidence and directing the course of the 
ordinary trials by jury of issues of fact, subject to certain exceptions. 
Such a practice prevails in most of the United States, and has been 
attended with no mischief, as far as I am informed. Wherever that 
practice does not prevail, it has been found necessary to have a much 
greater number of judges in proportion to the business to be done 
than is contemplated by our present system. 

After thus stating the reasons which prevent my complying with 



CllAriER IV. 



154 



Memoir of yeremiah Mason. 



Chai'tek IV. 



your proposal, I trust it is unnecessary to add that political consider- 
ations, which in these times are often supposed to determine almost 
everything", have with me on this subject no influence. 
I am with much respect, sir, your most obedient servant, 

J. Mason. 



CHAPTER V. 

Mr. Mason resigns his Scat in the Senate of the United States. — Letters to Mr. 
Gore and Mr. Kin>;. informing them of the Fact, and their Replies. — Letter to Dr. 
Appleton on the same Subject. — Portsmouth in the Karly I'art of this Century. — 
Mr. Masons Professional and Domestic Life. — The Dartmouth College Case. — 
Correspondence to the Close of the Year 1818 with Mr. Core, Mr. King, Mr. 
Daggett, and Judge Story. 

IN June, 1S17, Mr. Mason resigned his seat in the Senate of the 
United States. He has not left on record any statement of tiie 
reasons which led him to take this step, but they may be inferred 
from the tone of his letters in the two preceding chapters. 

In the first place, unlike most Americans, and especially unlike 
most American lawyers, he had no political ambition. Public office 
had no charms for him, and professional occupation was far more 
to his taste than political. PopuIarapplau.se he neither sought nor 
cared for, nor had he that cheap accomplishment of popular elo- 
quence by which such a])plause is most easily won. He spoke 
wisely, weightily, and logically ; he addressed the reason and the 
conscience of his hearers ; but what he said was not commended 
by any aid of voice, eye, or gesture. He had none of the external 
graces of oratory; his manner was simple and unimpa.ssioncd, and 
his tone conversational. His powerful mind and masculine taste 
would have disdained the triumphs secured by an appeal to the 
pa.ssions or prejudices of those whom he addressed. Thus his love 
of his profession, and his indifference to public life, conspired to 
make his place in the Senate distasteful to him. 



CiiArrKR V. 



-^ 



■56 



ChapMr V. 



Memoir of Jeremiah Mason. 



But more powerful than any other motive was his unwillingness 
to continue the sacrifice he was obliged to make in being so long 
absent from his family. His domestic affections were very strong, 
and all his hours not given to his profession, were spent at home. 
For the rest and refreshment which a hard-working lawyer so much 
needs he was peculiarly dependent upon his family. When absent 
from them in Washington, he had no resource for his lonely even- 
ings but the solitary pleasure of reading. For the questionable 
amusements to which members of Congress sometimes resort for 
pastime he had no taste, even if his strict New England training 
had allowed him to look upon them as innocent. His letters are 
full of expressions of the longing he felt to be at liome with his wife 
and children, and of the sacrifice he was making in living away 
from them. 

He felt too that a numerous family of young children had claims 
upon him paramount to all others, both to secure for them a pro- 
vision against want in case of his death, and to give his constant 
care to the trainins; of their minds and characters. 

The situation of the country left him at liberty to obey the strong 
impulse which called him home. Its youthful energies and bound- 
less resources were already beginning to repair the waste of the 
war. The burden of taxation had been lightened, commerce revived, 
manufactures were cjuickened, and Mr. Crawford, who was appointed 
Secretary of the Treasury in October, 1816, had been able, in his 
report at the meeting of the second session of the Fourteenth Con- 
gress, to give a hopeful view of the finances of the country. 

And now that the war was over, the bitterness of political feeling 
which had grown out of the war and the measures which had led 
to it had much abated. The Federalists, a party decreasing in 
influence and numbers, had acquiesced in the election of Mr. Mon- 
roe, a man of moderate talents and moderate temper, who made 
neither earnest partisans nor vehement opponents. Most men 
were ready to bury the hatchet of political strife ; and a man of Mr. 
Mason's political sagacity could not fail to see that the old party 



\ 



Reasons for his Resignation. 



lines were in a fair way to be erased, and that new issues would 
make new divisions in the future. 

Mr. Mason, upon resigning his seat in the Senate, wrote to his 
friends Mr. Gore, Mr. King, and Dr. Appleton, informing them of 
the step he had taken. His letters, and the replies of Mr. Gore and 
-Mr. King, are here given. 



D/ 



CllAFlER V. 



JEREMIAH .M.\SON TO CHRISTOPHER GORE. 



PoRTSMoi'TH, June i8, 1817. 

Mv DEAR Sir, — I have just resigned my seat in the Senate of 
the United States. For a considerable time past I have contem- 
plated doing this. I have many reasons for staying at home, and 
very few for going to Washington. Among the circumstances which 
have lessened my inducements to retain my seat in the Senate, your 
resignation is not the least. I certainly do not regret having spent 
so considerable a portion of four years in that station. I am not' 
vain enough to console myself with an idea that my labors have 
been of any special advantage to the country. But the time has 
not been spent without advantage to myself. It has afforded me 
the opportunity, which I should otherwise never have enjoyed, of 
knowing some of the greatest and best men in our country. And 
I have the consolation of hoping that in a few instances I have been 
so fortunate as to attract their kind regards. I have also had an 
opportunity of seeing the tricks and cunning contrivances by which 
the nation has been, and I suppose for a long time will continue to 
be governed. These can never be well understood without the 
advantage of a situation from which one can see the master jugglers 
manage their puppets. 

I fear the good people of Boston will kill the President with 
kindness. I am, however, on the whole, glad to see them taking 
that turn. They have certainly derived no benefit from pursuing 



vX 



158 



Chapter V. 



Memoir of jfereviiaJi Mason. 



an opposite course.^ No one can foretell what this will produce ; 
but I do not believe the Federalists, or quasi-Federalists, have any- 
thinf^ to expect from Colonel Monroe. When I saw you a few 
moments in Boston last spring, you told me it was possible that in 
some excursion in the course of the summer you might take Ports- 
mouth in )our way. I wish )0U would say it was probable. 

I am sincerely yours, J. Mason. 

CIIKTSTOniER GORF, TO JEREMIAH MASON. 

\\'alth.-\m, June 22, 1817. 

My dear Sir, — I duly received your letter of the i8th mention- 
ing that you had resigned your seat in the Senate of the United 
States. On public grounds I am concerned. No one more quickly 
discerned the weakness and wickedness of bad measures, and none 
more thoroughly exposed them, and in many instances you suc- 
ceeded in defeating their schemes or in rendering them less obnox- 

^lous. I am sorry also for our friend King's sake, who will be 

altogether alone 

For your own gratification you have, I entertain no doubt, re- 
mained as lono; as was desirable. The inconvenience in "oing and 
returning, the comfortlessness of Washington, and the privations of 
so many enjoyments in being from home were, and must have con- 
tinued to be, great sacrifices. 1 rejoice that you were there while I 
held a seat, and should be extremely delighted, if it were for your 
interest and happiness to live in my neighborhood, that once in a 
few weeks I might exchange thoughts with you on the passing 
events. I despair of ever being able to go so many miles from 

Jiome; were I able, I should visit you and yours with great satis- 
faction. 

- The Boston folks are making great efforts to show their respect 
for the new President. It has been a question who should evince 

1 Presitlent Mt^nroc, who made an extended torn" through the conntry in the summer ol' 1S17, was 
in Boston at the dale ot this Icttei'. 



President Monroe in Boston. 



•59 



most devotion, the Federalist or Ucmocrat. The former appears to 
have got the start in the race. The military will escort him ; all the 
citizens are to attend on the way in carriages and on horseback, and 
finally he is to be shown all the boys of Boston on our Common. 
If he does not meet us with due respect after all this, and illustrate 
some of the most distinguished leaders either by knighting them, 
or sending them to represent the dignity of the United States in 
China or England, he must be lost to all sense of gratitude as well 
as of public good. My want of health will prevent' me from paying 
my personal respects to the President. I am confined to my own 
fields and my own furrows, which are looking well, but here arc 
neither the weeds of ambition nor avarice. If I had tolerable 
health and limbs, I could pass the remnant of my days in cheerful- 
ness ; as it is, I endeavor to go on tranquilly and without repinin<^ 
My wife enjoys ven,' passable health, and unites with me in affec- 
tionate regards to Mrs. Mason and yourself Farewell. 

Your faithful friend, C. Gokl. 

JEREMIAH MASON To Kl'l-LS KINC. 

I'ORTSMULTH, yunc 2(i, 1S17. 

Mv DEAR Sir, — I have resigned my seat in tlie Senate of the 
United States. I had contemplated it for some time, as I mentioned 
to you last winter. It was my intention to have postponed mv 
resignation till ne.vt fall, and so retain the power of altering my deter- 
mination should I see reason. But as that would have carried the 
appointment of my successor from the Legislature to the Governor, 
which I did not wish to do, and as I saw no probability of any 
change of opinion, I thought it best to resign at the present time. 
For staying at home I have many inducements ; but for going to 
Washington none, except the pleasure and advantage of being with 
you. I do not see that the public have any manner of concern in 
this matter. I have not vanity enough to (latter myself with the 
notion of having done the public any good while I have been in 



ClI.M'TKR v. 



i6o 



Alcvwir of ycrcmiah Mason. 



Chapter V. 



the Senate, nor do I see any probability that 1 could if I remained 
there longer. 

I do not regret, however, having spent so considerable a portion 
of time in that situation. It has been of great advantage to me. 
It has afforded me the means of seeing, and in some measure under- 
standing, the tricks and cunning management by which the na- 
tion has been ajid probably will for a long time continue to be 
governed. And what is much better, it has also afforded the op- 
portunity, which I should otherwise never have enjoyed, of cultivat- 
ing the acquaintance and (I trust I may add) the favorable regards 
of some of the greatest and best men our country has ever possessed. 
I shall always consider the having acted with you on some important 
occasions, as constituting the most fortunate and gratifying events 
of my life. And be assured, my dear sir, I shall hold in grateful 
remembrance the uniformly kind treatment I have always experi- 
enced from you. 

I shall apply myself to my professional pursuits, and seek for 
happiness in domestic enjoyments. The education of my children, 
which is certainly the first and most important duty of a parent, 
will of itself for a long time afford me much employment. 

I understand the Boston folks are making unexampled pre^aara- 
tions for the reception of Mr. Monroe. The intent is to work out 
the stain of the Hartford Convention and their other rebellions. I 
do not believe it will answer the purpose intended. We here, being 
suspected of no disloyalty, shall make no extraordinary exertions. 

I was informed a few days ago from Boston that Hunter had 
lately sailed for England. It was intimated he might be in govern- 
ment employ. I think that cannot be. If so you must of course 
know, as it was well understood at Washington, that the President 
was to do nothing without your privity and advice. Mrs. Mason 
joins me in affectionate regards to Mrs. King. 

I am wiLh the highest respect, 

F"aithfully yours, J. Mason. 



President Monroe in Boston. 



RUFUS KING TO JEREMIAH MASON- 

Jamaica, L. I., July j^, 1817. 

My dear Sir, — Accept my acknowledgments for the very 
obliging letter which you have written to me. I was sorry to sec it 
announced that you had resigned your seat in the Senate. To the 
force of some of the motives that have influenced you on this occa- 
sion I am not insensible ; but that you have done no good, and 
think it doubtful whether you should be able to do any, by continu- 
ing in the Senate, I am not willing to admit or to believe. On the 
contrary, for maxims of government, principles of administration, 
and views of general policy, the observance of which cannot fail to 
promote the public welfare, I am quite sure that our colleagues and 
country owe us something. 

It is true that we have had to contend with prejudices constantly 
working against us, and jealousies, that caused individuals to vote 
in opposition to us, as well as to their own convictions. These are 
liscouraging circumstances, especially as they seem to be insepara- 
jle from our political system ; which, although less conducive than 
might be desired to the greater prevalence of exact justice, is never- 
theless fitted to our condition, and, as I am inclined to believe, more 
certain to promote our progress in wealth and strength than any 
other political arrangement. 

The President by this time must be at Boston, where, as you 
conjecture, there will doubtless be performed some works of super- 
rogation. With our reformed notions we should not place much 
reliance upon the efficacy of these over zealous deeds. .According 
to my interpretation of motives, and of the conduct of the President 
at Philadelphia and amongst us, he will apparently receive in good 
part whatever is offered by way of respect. Hut here, as also at Phil- 
adelphia, the e.xclusives have manifested some little jealousy and 
displeasure; and if the extraordinary demonstrations of attach- 
ment, respect, and confidence that may be exhibited at Boston 
should be reciprocated by the President, I should not be sur- 



161 



Chapter V. 



I 62 



Chapter V. 



M 67110 ir of ycreruiah Mason. 



prised if the same produce an equivalent coolness and disaffection 
amongst old friends and partisans. There are more than one or two 
aspirants carefully watching and weighing all that occurs, or is 
omitted, in the course of this Presidential journey. 

I went to town on the day of the President's arrival to offer my 
respects. He received me, as he received others, in an obliging man- 
ner; asked me to dine with him, which I did. I invited him to 
come and dine with me. He would if he could ; by which I under- 
stood that he would not, as he did not. I was invited to accompany 
the President to West Point, which I did not. He asked me to 
meet him at the fortifications at the west end of this island. I met 
him there, and went with him to Sandy Hook. The President 
came down to the fortifications in the steam frigate, which had been 
undocked and prepared for this service. Although manned with a 
numerous and skillful crew, and the distance onlv ten miles, it was 
four o'clock p. M. before the frigate arrived at the fortifications, 
demonstrating in this experiment the entire failure of this expen- 
sive project as a moving battery. With the most careful attention 
and management, they were unable to force the frigate through the 
water, at a rate which would have enabled her to move to attack, or 
to escape from, an enemy. In the course of the night she returned 
to the dock. The President remained with the Vice President on 
Staten Island ; and the Connecticut steamboat came down the fol- 
lowing morning to carry him to Sandy Hook. During this expe- 
dition he spoke to me freely on several public topics, leading always 
in their relation. He also spoke of his tour, and the considerations 
that have engaged him to make it ; but his observations were general 
in their nature, and such as cover and conceal details and therefore 
are little satisfactory. 1 however perceive no reason to alter my 
conjecture concerning the present administration. The chief must 
be influenced by the changes which from time to time occur. I 
anticipate little harmony or decision of character in his cabinet. 

The office of Secretary at War is yet vacant : it has been offered 
and refused by Lowndes since the refusal of Shelby. Harrison is 



President Monroe s yonrney. 



163 



anxious to obtain it, and for want of a better in the line assisned 
for the choice may perhaps obtain it, though I doubt his success. 

Of the foreign' concerns I have heard nothing since we parted. 
Who is to succeed Mr. Adams, whether Rush, Pinckney, or Derby, 
I cannot inform you ; so that you see, notwithstanding your informa- 
tion, I am not let into all the secrets. 

As the President will visit Portsmouth, perhaps something may 
leak out worth telling In this case don't be over prudent: I can 
keep your secret. Swift accompanies the President. Perhaps he 
may again make you his confidant ; he appears now equally assidu- 
ous as he manifested formerly an inclination to be, in the anticipa- 
tion of a different order of men and things. By the by, the ci da.'a)it 
Secretary at War made me a short visit some weeks ago. With 
regards, in which Mrs. K. unites, to Mrs. Mason, I am and shall 
always be with great regard and respect. 

Dear Sir, your obedient and faithful servant. 

Runs KiNc. 



ClIAITKK v. 



JKUKMIAIt MASON TO TIIK UKV. IKSSK Al'I'I.KTOX, I). I). 



I'oRisMoi'TH, jfuly 2,- I'Siy. 

Mv DEAR Sir, — You have probably seen that I have resigned my 
seat in the Senate of the United States. I had contemplated doing 
it for some time. I have many reasons for staying at home, and very 
few for uoing to Washington. 

The President is expected here .some time next week, if the Bos- 
ton folks do not kill him with kindness.' I will then ascertain and 
inform you whether he intends to extend his tour far enough to see 
you. I was told a few days ago, by a gentleman who conversed 
with him on the subject before he left Washington, that he then 
intended to go no further than Portland. Perhaps he may be so 

' rrcsiclcnt Mi)iiri>c' visited I'lirt.-nioiith after the <l.itc nl' this Ictlur, ;iml liy a vdIc nf thu citi/cns 
was received and .iddrc>.>cd by Mr. M.o^on, who also entertained him at dinner at his hmise. 



164 



Memoir of yeremiaJi Mason. 



Chapter V. 



much gratified with the attentions of his Hege subjects in these 
parts that he may alter his determination. 

As to your other inquiry in relation to his title or address, you 
have probably seen it learnedly discussed in the newspapers. In 
conversation with the President I believe it has not been customary 
to give him any title. The late President was always, in conversa- 
tion with him, called Mr. Madison ; in notes, etc., addressed to him, 
" The President of the United States," at least this was the case as 
far as I know. In haste, yours, J. Mason. 

After resigning his seat in the Senate, Mr. Mason resumed the 
professional and social life which had been partially interrupted by 
his public service in Washington. As this life continued in a uni- 
form course till his removal to Boston in 1832, it may be well to 
sketch it a little more fully than has before been done. 

Portsmouth, New Hampshire, where Mr. Mason so long lived, 
and where all his children were born, is to-day a cheerful town to a 
stranger's eye, and they whose lot is cast there find it a pleasant 
place to live in. It is situated on a beautiful peninsula on the south 
side of Piscataqua River, with a noble harbor, which is never frozen 
even in the severest winters, owing to the great rise and fall of the 
tide, the narrowness of the channel, and the consequent rapidity of 
the current. The region around it, from its hap[)y blending of land 
and water, has much and varied beauty. The town abounds with 
signs of past prosperity, especially with those spacious, wooden 
houses which prosperous men in New England were so fond of build- 
ing in former days, suggesting good incomes and large families. 

In 1797, when Mr. Mason went to Portsmouth to live, it was rela- 
tively a place of more importance than now. Its chief sources of 
prosperity were shipbuilding, for which it had peculiar facilities in 
its noble harbor and its proximity to extensive forests, and the car- 
rying trade. For both of which it was mainly indebted to the wars 
of the French Revolution which were desolating Europe. It had 
many jorosperous and enterprising merchants, and an active, thrifty, 



Social Life in Portsmoitth. 



i6< 



and energetic population. Its ships were known in every clime, 
and the commerce which enriched it gave an improved tone to the 
manners and social habits of its inhabitants. 

Mr. Mason hesitated for some time between Boston and Ports- 
mouth as a place of residence, and among the reasons which led 
him to make choice of the latter was the belief, which many enter- 
tained, strange as it may now seem, that the future progress and 
prosperity of Portsmouth were more assured tlian those of Boston. 

Portsmouth was also at that time a place of more than common 
social attractions. Even before the Revolution, in the days of wigs, 
cocked hats, and flowered waistcoats, it was the residence of many 
cultivated families, and the seat of a generous hospitality ; and at 
the close of the last century its old character remained, indeed made 
more marked by the wealth which commerce had poured into its 
lap. The Marquis of Chastellux, who was there in 1782, speaks of 
seeing handsome women elegantly dressed, of dinners and suppers, 
and of fine houses richly furnished ; and making all due allowances 
for the rose-colored atmosphere through which a French nobleman 
may have been supposed to observe everything, enough remains to 
show that there must have been then an easy, agreeable, and some- 
what refined society. 

In those days travelling was slow, difficult, and expensive. A 
journey from Portsmouth to Boston was quite as formidable, to say 
the least, as a journey to Washington is now. For society the in- 
habitants of towns in New England were dependent mainly upon 
themselves, and thus the ties of social life were more closely drawn 
than now. And then men were not so busy, and time was not so 
precious, as now. Books, newspapers, and magazines were compar- 
atively rare and thus men and women read less or fewer books, but 
they talked more, and their letters were longer and more elaborate. 
Cheap postage has spoiled letter writing. Much time was spent in 
social visits on an easy and not expensive footing. The elaborate 
dinner of modern times was unfrequent, but tea parties and supper 
parties — the latter beginning very little later than the fashionable 



CHAITER V. 



i66 



Chapter V. 



Memoir of yeremiah Masoii. 



hour for dinner parties to-day — were common. The gentlemen 
had their clubs and exclusive social gatherings, which were convivial 
in their character, sometimes too convivial ; and occasionally a youth 
of promise fell a victim to the temptations of a mistaken hospitality. 

In one respect social life in New England has improved since the 
beginning of the present century. The vice of gaming was more 
common among respectable people then than it is now. This is 
not because we are more virtuous than our fathers, but because the 
craving for excitement which leads to gaming can now find many 
forms of gratifying itself which were then unknown. 

By the cultivated and agreeable society of Portsmouth Mr. Mason 
was warmly welcomed, and his own nature was social enough to 
enjoy the attentions which were extended to him. But it soon ap- 
peared that his profession was an interest paramount to all others, 
and that no social claims were ever allowed to interfere with those 
of his clients. Self interest is ever quick-sighted, and the active 
men of business in Portsmouth soon found out that every trust 
committed to his professional charge was faithfully, ably, and 
promptly discharged. He was not only diligent in business and 
successful in litigated cases, but he was uniformly prompt in paying 
to his clients the money he had collected for them. This seems but 
common honesty, and not worthy of special commendation, but in 
those days it was by no means a uniform rule among the members 
of the bar. Money was in great demand and could be turned to 
good use ; and thus lawyers were tempted to keep what belonged to 
their clients in their own hands as long as possible, and employ it 
to their own advantage by loan or investment. His charges were 
moderate, even when tried by the modest standard of that period. 
And thus from all these causes his business rapidly increased, as he 
was always gaining new clients and never losing old ones. 

Upon his marriage, Mr. Mason went immediately to housekeeping, 
for the bad practice of putting young wives into hotels and boarding- 
houses was not known in those days. He lived for some time in a 
hired house in the compact part of Portsmouth, but as an increasing 



Mr. Mason's Habits of Life. 



167 



family and the growing claims of society and hospitality required 
larger accommodation, and an assured income justified the outlay, 
in 1802 he built for himself a large and handsome house, upon a 
fine and elevated site a little out of the business part of the town. 
Attached to the house were extensive grounds, including: a orarden, 
laid out with taste, and planted with fruit and ornamental trees. 
In the care of his grounds, and the cultivation of his garden he spent 
,much time and took much interest.' 

In this house Mr. and Mrs. Mason spent thirty happy and pros- 
perous years, surrounded by their diildren, and in the exercise of a 
generous hospitality. Friends and relatives were constantly under 
their roof as guests, sometimes for long periods. 

Mr. Mason's position at the bar at the time of his election to the 
Senate, was so high and assured that his four years of public service 
entailed no further loss of business than that which was caused by 
his absence from his clients; and immediately upon his return he 
found himself in full professional employment once more and with 
a cloud of clients around him. 

In 18 1 7 his family consisted of eight children ; five sons and three 
daughters, of ages ranging from seventeen to two years ; and it is 
at this period, or a little earlier, that his surviving children's recol- 
lection of their father begins. 

His way of life was uniform and regular. His working-day al- 
ways began very early; and for many years, during the winter season 
at least, he was wont to breakfast alone, before his family had ap- 
peared, in order that he might be in his office at a seasonable hour 
and before the daily stream of business had set in. He dined in the 
middle of the dav, as was then the general custom of New En<rland, 
and went back to his ofiice in the afternoon. I3ut his evenings were 
always spent with his family at home, and only an imperative en- 
gagement could induce him to depart from this rule. 

' Mr. Wcljstcr, writing to Mr. Ticknor from Lowther Castle, in Kngl.nnd, .\ugust 21, 1S39, says : 
" Vou know all ab-jut Lowther Ci'stlc ; one may safely say of it what Mr. Maj-on s.iid of his house in 
Portsmouth, that it is a cumfurlable shelter against the weather ! " 



Ch.vpter V. 



i68 



Memoir of yeremiah Mason. 



Chapierv. His extensive practice required him to make frequent journeys, 

and to spend much time away from home. He regularly attended 
the sessions of the courts at Concord, the capital of the State, and 
at the shire towns of all the counties in the neighborhood of Ports- 
mouth. He was sometimes called on professional duty to Newbury- 
port, Portland, Wiscasset, Salem, and Boston. 

These journeys he generally made in his own carriage, — a chaise 
in summer and a sleigh in winter, — and as courts of justice wait for 
no man, neither heat nor cold nor storm could delay his departure 
at the appointed time. The surviving members of his family well 
remember the preparations for these journeys in the bitter cold of a 
New Hampshire winter: the shawls, coats, cloaks, and blankets that 
were put in requisition for warmth and protection. But Mr. Mason's 
frame was robust and his constitution vigorous ; and during his long 
practice he very rarely lost a day, or failed to keep an appointment, 
by reason of illness. But it was his habit, wherever he might be 
during the week, to pass the Sunday with his family. This was a 
pleasure to which his children looked forward with confident expec- 
tation, and they were rarely disappointed. 

Mr. Mason, upon his return from Washington, became much en- 
gaged in the celebrated case of Dartmouth College v. Woodward, 
so well known in the professional and constitutional history of the 
country. The College derived its corporate existence from a cliarter 
of the crown in 1769, appointing Dr. Eleazer Wheelock president, 
devolving the government upon him and eleven other persons named 
trustees, who were also empowered to fill vacancies in their own 

body. 

Under this charter the College had lived and flourished for nearly 
half a century, and its corporate rights had never been called in 
question. But clouds of opposition began at length to muster in 
the heavens. It was hardly possible that the chief literary institu- 
tion of the State should help being drawn into the political strife 
so hotly waged between the two great parties which divided the 
country. At any rate, the College and its officers had incurred the 



Diwlmoiilli College. 



ill will of the Republican party. Mr. Barstow. the Republican his- 
torian of New Hampshire, thus puts the ca.se in defense of the Legis- 
lative action of the State : " The trustees of Dartmouth College (so 
called from the name of its founder and patron, the Earl of Dart- 
mouth), had for a considerable time pursued a course calculated to 
render them unpopular with a majority of the people. Possessing, 
under their charter from George III., the power of removing mem- 
bers of their board and appointing their own successors, thev had 
confided the exclusive control of an institution desiixned for the 
common benefit to members of a single religious sect and a single 
religious party. Funds bequeathed to the College for the establish- 
ment of a professorship had been ajjplied to purposes |)artaking of 
a sectarian ciiaracter. John Wheclock, himself a lii)eral benefactor 
of the College, and the son of its illustrious founder, had been re- 
moved by a summary excrci.sc of the powers of the trustees, and a 
man more subservient to their views appointed in his place." 

It is not necessary to inquire how far these charges were true ; or 
to state any facts and considerations in defense of the action of the 
trustees; the passage is quoted simply as one would cite an author- 
ity, or refer to the st.Ttmicnt of a witness, in the argument of a suit 
at law. 

The Republican party having carried the State in the spring 
election of 1816, no time was lost in applying the hand of so-called 
reform to the College. At the opening of the June session of the 
Legislature Governor Plumer called their attention to the subject in 
his message, denouncing the charter as " hostile to the spirit and 
genius of a free government," recommending a radical change in its 
constitution and government, and enforcing his recommendations 
by that specious pretext of the public good which is always sum- 
moned in defense of a political majority which has resolved to 
invade rights or property. 

The views of the Kxecutive received the sympathy and support of 
the Legislature; and on the 27th of June, 1S16, an act was passed 
giving to the State of New Hampshire complete jurisdiction over 



169 



Chapter V. 



170 



Memoir of Jeremiah Mason. 



Chapter V. 



the College, enlarging the number of trustees to twenty-one, and 
changing its name to Dartmouth University. Subsequent acts were 
passed in the same spirit to enforce the authority of the State, and 
neutralize the resistance of the trustees, who refused to submit to the 
law, declaring it dangerous to the best interests of society ; that it 
subjected the College to the arbitrary will and pleasure of the Legis- 
lature; that it contained palpable violations of their rights, and was 
unconstitutional. 

The Legislature persisted, and by their help two of the original 
board of trustees, together with the nine who had received their 
appointments from the Executive of the State, constituting a major- 
ity of the whole number, met at Hanover, reappointed John Whee- 
lock to the presidency, and elected William H. Woodward treasurer 
of the University. 

But three fourths of the old board of trustees refused to obey the 
law, or surrender the property of the corporation ; and under their 
direction, the officers of the old College, retaining a large majority 
of the students, continued their former course of instruction in 
apartments procured for the purpose, the college buildings being in 
possession of the trustees of the new University. Thus there was 
presented in the small village of Hanover the strange and unseemly 
spectacle of two institutions of learning struggling for the possession 
of the same property, and in fierce hostility to each other — a state of 
things fatal to the usefulness of both, and equally so to the interests 
of literature and education in New Hampshire. 

As might be e.x^^ected, every man of influence in the State took 
part with one side or the other, and both parties appealed to the 
public in pamphlets and newspaper communications; and as an in- 
fusion of theology never tends to sweeten political discussion, the 
controversy assumed an acrimonious character, and abusive epithets 
were hurled freely by each of the combatants. The popular voice 
seemed to be on the side of the new University, and in the election 
of 1 817 the Republican party carried the State by a rather stronger 
vote than in the previous year. 



Dartmouth College Case. 



The old trustees determined to appeal to the law in defense of 
their rights, and accordintijlv brought an action of trover ajjainst Mr. 
Woodward, the treasurer of the University, for the recovery of the 
books of record, charter, common seal, and books of account, which 
they alleged to be their property. The defendant set up in defense 
the laws of 1816, and his appointment under them. 

The counsel for the plaintiffs were Mr. .Mason, Mr. Smith, and Mr. 
Webster; for the defendant, Mr. Sullivan and Mr. Bartlett. Never 
was there a case in New England in whicli more zeal and ability 
was shown, for the gentlemen who appeared for the defense were 
superior men, and upheld the claim of their client with learning and 
power. At the June term of the Superior Cpurt in Grafton County, 
181 7, the case was argued on the part of the plaintiffs by Mr. 
Mason and Mr. Smith, and on the part of the defendant by Mr. Bart- 
lett and Mr. Sullivan, and continued nisi for further argument in 
Rockingham County on the ne.xt circuit. 

Accordingly at the September term of the same year in Rocking- 
ham Countv the case was arcrucd anew bv the same gentlemen, and 
closed on l)chalf of the plaintiffs by Mr. Webster. 

.Mr. Mason opened the case for the plaintiffs. His argument oc- 
cupies forty pages of Mr. Farrar's report of the case, published in 
1819, and is a model of powerful logic, condensed statement, and 
affluent learning. He maintained that the acts of the Legislature 
were not binding, first, because they were not within the scope of 
the legislative power; second, because they violated the Constitution 
of New Hamjishire ; third, because they violated the Constitution of 
the United States. 

The decision of the State court was in favor of the defendant, 
and mainly on the ground that the College was a public corporation ; 
and that between the State and a public corporation there is no con- 
tract which the State cannot regulate, alter, or annul at pleasure. 

The case was then taken by writ of error to the Supreme Court of 
the United States, and after a magnificent argument by Mr. Web- 
ster, the decision of the State court was reversed in an immortal 



171 



C HA PIER V. 



Vy 



172 



ClIAI'TER V. 



Memoir of jfereuiiah Mason. 



judgment by Chief Justice Marshall, on the ground that the College 
charter was a contract within the meaning of the Constitution, and 
thus not within the scope of the legislative authority of a State. 

Mr. Webster's celebrated argument has more variety of illustration 
and more rhetorical finish than that of Mr. Mason's before the State 
court of New Hampshire, but all the legal and constitutional points 
taken by the former were anticipated by Mr. Mason, and stated with 
not less clearness and force. 

Mr. Mason felt the deepest interest in the Dartmouth College case, 
and argued it with all the energy of conviction. In his view it was 
not simply a controversy between two corporations as to which was 
entitled to certain rights and property, but the question went deeper 
than this. It went deeper than the relations between the States and 
the o-eneral government, even to the foundations of civil society it- 
self. He believed the act of the Legislature of New Hampshire to 
be a piece of legislative usurpation, and that the State had no more 
rifht to transfer the property of Dartmouth College to another cor- 
poration than they would have to take his house from him without 
paying for it, and give it to another man. He believed that neither 
property nor rights would be safe if such powers could be exercised, 
and he hailed the decision of the Supreme Court as giving fresh 
security to property and new guaranties to rights. 

Mr. Mason had for Chief Justice Marshall a veneration and grati- 
tude such as he felt for no other man, save Washington only ; and 
wdthout doubt, the moral courage and irresistible logic shown by 
the Chief Justice in this case had no small share in forming this es- 
timate. Upon this point W. H. Y. Hackett, Esq., a distinguished 
lawyer of Portsmouth, who knew Mr. Mason well, has furnished me 
with an interesting illustrative anecdote. One day, soon after Cal- 
houn's nullification doctrines began to attract attention, Mr. Mason 
looked in at Mr. Hackett's office and found him reading one of 
Marshall's constitutional opinions. Mr. Mason said : " If John Mar- 
shall had not been Chief Justice of the United States, the Union 
would have fallen to pieces before the general government had got 



President Monroe s yoicrney. 



17, 



well under way. Marshall has controlled the \'irginia politicians by 
the irresistible power of his logic. He carried so many well in- 
formed and well intentioned men with him that the mischievous 
school of Jefferson politicians could not control Virginia against 
Marshall. Jefferson was a man of many virtues, but he was a phi- 
losopher, not a statesman. He and Madison did not quite agree, 
though they tried to agree. Madison's mind felt the force of Mar- 
shall's reasoning, and never quite adopted the Virginia States' rights 
theories. John Marshall has saved the Union, if it is saved." 

After his retirement from the Senate .Mr. Mason kept up a corre- 
spondence on public affairs with his friends Mr. King and Mr. (jore. 
He also heard occasionally from Mr. Daggett, United States Sena- 
tor from Connecticut, whom Mr. Masun valued as a sound lawyer, a 
firm Federalist, and a man of amiable temper and genial and com- 
panionable spirit. A correspondence begins at this ])eriod with 
Judge Story, which continued during the life of the latter. 

CIIUISTOIMIKK C.UKi; TO JEUK.MI.Ml M.ASO.N. 

\\'.M.T1IAM, yii/y 4, 1S17. 

Mv DE.\R S I K, — The President is here, he rides hard, visits every- 
thing, and in so rapid a manner that it is utterly impossible he 
should burden his mind with any superfluous knowledge. This 
day he breakfasted with Commodore Bainbridge at Brookline, in- 
spected an arsenal at Watertown, a cotton manufactory at W'altham, 
examined .Mr. Lyman's villa, stopped at my house, ate a straw- 
berry, bowed and shook hands cordially, returned to Boston to meet 
the Town oration, the Governor's collation, and the Cincinnati ad- 
dress and their dinner, take tea at Governor Gray's, etc., etc., etc. 

1 wrote him a note apologizing for not paying my respects in per- 
son, and saying if he came in this quarter and could call without 
inconvenience, I should be happy to see him. 

In that note I took the liberty to say " All cherished the hope that 
his administration would be guided by a single eye to the public 



Chapter V. 



174 



Chapter V. 



Memoir of yereniiah Mason. 



good, and that all interests would be alike protected and promoted, 
and that I was persuaded this would redound to his personal satis- 
faction not less than to national honor." 

Mr. King mentioned that he told him it was his intention to visit 
me if he possibly could. 

To-morrow he visits the Navy yard, seventy four-gun ship, reviews 
Middlesex militia, dines with the Governor, and spends the evening 
with Senator Otis. So we go, and the sooner he goes the sooner 
will the town and its neighborhood be at rest. 

With our best regards to Mrs. Mason, I remain 

Your faithful friend, 

C. Gore. 

JEREMIAH MASON TO THE REV. JESSE APrLETON, D. I). 

Portsmouth, July 14, 18 17. 

My DEAR Sn<, — The President came here Saturday in the after- 
noon, and set out for Portland early this morning. We have acted 
foolishly enough, though not in the magnificent style of the Boston 
folks. 

As you requested, I asked him the first opportunity I had, whether 
he should proceed further east than Portland. He said he thought 
not, but did not seem to be entirely determined. I inquired of 
him again yesterday, when he said he certainly should not. That 
he had wished to go as far east as he could, but that his progress 
had been so slow that he could not without great exertion get away 
from the Western Lakes (where he must go) before the time of the 
fever and aijue. I tjave him to understand that if he went down to 
your College you would probably feed him. 

I do not know whether that was the highest possible stimulus for 
him. 

He expresses high satisfaction with New England and the treat- 
ment he has experienced from the Yankees. 

We are all well. Truly yours, J. Mason. 



Cotitest for the Speakers Chair. 



RUFUS KING TO JEREMIAH MASON. 

Georgetown, D. C, Sunday, ^A^Jirw^cr 30, 181 7. 
Mv DEAR Sir, — Mrs. King and myself arrived here last evening, 
and the form of habit has set us down again at Crawford's. I don't 
learn that as yet any of the members have arrived here, though the 
city is said to be pretty full. We occupy our old apartments to- 
gether with your room, having had a door of communication opened 
between it and our front room. We shall both miss and regret the 
loss of your society ; indeed we can hardly conjecture who are to be 
our associates. Mr. Bailey, on the Capitol Hill, will draw a large 
portion of the members to his extensive establishment, which as I 
hear embraces all, or nearly all. the houses between the house where 
he was last year and that in which Mr. Dallas lived. Mr. Otis has 
taken quarters of Bailey in Dallas's house. Not having been abroad 
1 have heard no news, except that Mr. Gates, whom we met in our 
road from Baltimore, informed us that there is to be a contest be- 
tween Gen. Sam. Smith and .Mr. Clay for the Speaker's chair. He 
also said that the President would bring the situation of the Span- 
ish colonies before Congress in his Message. The opposition to Mr. 
Clay may mean more than appears on the surface ; mean whatever 
it may, it must have the effect, if I interpret it correctly, to separate 
him from the administration, and such separation will begin a new- 
division of parties ; but we had better defer a little while our specu- 
lations on this matter, as at present we see very little into it. Our 
Boston folk have not been honored by an admission to the cabinet. 
I allude to the office of .Attorney-general. What their late choice of 
a successor to Mr. Lloyd may do in their favor we must wait to find 
out. To one who finds instruction, as well as amusement, in observ- 
ing the new lights which break in upon us, the temper of accommoda- 
tion, the attachment to new friends, and the desertion of old ones, 
the correction of past errors, by approving what we had believed to 
be wrong, and the condemnation of what we have strenuously con- 
tended to be right, the scene of this session of Congress will not 



^r:> 



Chapter V. 



176 



Memoir of yeremiah Mason. 



Chaptek v. 



fail of being sufficiently interesting. But more hereafter. Mrs. 
King desires me to unite her regards to mine and to present them 
to Mrs. Mason. 

With esteem and respect I am, dear sir, always your obedient 
and faithful servant, Rufus King. 



JEREMIAH MASON TO RUFUS KING. 

PoRTSMDUTH, December 10, 18 17. 

My dear Sir, — I am much obliged by your letter of the 30th of 
November. Mr. Gore informed me that you had been a little indis- 
posed. Your being so early at Washington is evidence of restored 
health, as well as of your continued interest in the public welfare. 
You certainly have few of the old school to help you. I am how- 
ever most sincerely glad that you continue in the Senate. I feel 
a stronger inclination to be with you than I intended or expected, 
when I resigned. But the considerations which produced it, forbid 
my repenting of that act. 

1 see by the newspapers that General Smith was soon distanced. 
He surely had no aid from the administration. The Federal party 
being extinct, and no other being organized to act in opposition, the 
present session of Congress must be fruitful in novel exhibitions, 
affording ample scope for observation and reflection. Nothing like 
the present state of things has been experienced since the adoption 
of the Constitution. At the commencement of the government, 
the deep interest and ardent zeal it excited, brought to its aid and 
united in action the best talents of the country. I have always sup- 
posed also, that there was then exhibited a disinterested patriotism 
and purity of intention, not often found in the administration of 
public affairs. One may doubt, without being over skeptical, whether 
the nation enjoys all those advantages, in an unusual degree, at the 
present time. For the last sixteen years (I think I may say twenty) 
the government has been carried on by party spirit. What is now 
to be substituted.'' Will patriotism return, or will Executive patron- 



Amelia Island. 

age and influence answer the purpose? I shall not be greatly sur- 
prised if the present Congress should be somewhat torpid' and 
inactive. This disorder will however, as I think, be of short dura- 
tion. 

The Presidents message (of which I received a copy by your 
frank) is, as far as I have heard, quite satisfactory. The present is 
not the time for finding fault. The expedition to Amelia Island 
excites some attention. The suppression of the establishment, I 
suppose means the occupation of the Island by a military force. I 
have no doubt of the justice and expediency of sup|:)ressing, in some 
way, that nest of pirates.' Had Mr. Adams, while President, done a 
similar act, there would have been not a little carping at his authoritv, 
notw^ithstanding such "imperious considerations" as are alleged in 
justification of the present measure. Is East Morida to be in- 
cluded in a similar occupation .' I hope there is no danger of our be- 
ing entangled in a serious dispute for that miserable sand-bank. The 
recommendation to repeal the internal taxes is what I least expected 
and most dislike. I had hoped that our experience during the late 
war had sufficiently demonstrated the danger of relying for revenue 
wholly on imports. And even were we sure of perpetual peace, 
what would be a more suitable subject for taxation than the whiskey 
stills.' This is the only tax which tends to an equalization of 
burdens between the sea-board and interior States. The estimate 
now given of the produce of the customs and sales of public lands, 
is, if I rightly recollect, several millions above the estimate in Mr. 
Crawford's last reports. But if the jjresent is a just estimate, the 
amount may be easily disposed of with the addition of the internal 
towns. Why not apply the surplus to the payment of that part of 
the public debt owned by the Bank of the United States which is 
redeemable at the pleasure of the Government.^ 

I shall take much interest in the doings at Washington this win- 
ter, and shall be obliged by your explanation whenever you can favor 

' At the close of tlic year 1817, Amelia Isl.ind. off the const of l-'ioiiil.i, «ns occupied by a Iwnd of 
l.iwless .adventurers, who were driven off by orders of the United States Government. 

23 



177 



CllAI'lER V. 



178 



Memoir of yercmiah Mason. 



ClIAl'IIiK V. 



me with it witliout taxing yourself too much. Mrs. Mason joins me 
in presenting our respects to Mrs. King. With tlie highest respect, 
I am sincerely yours, J. Mason. 

JEREMIAH MASON TO CHRISTOPHER GORE. 

Portsmouth, Deccmbir 24, 18 17. 
My dear Sir, — .... I have heard little from Washington more 
than is contained in the newspapers. At the first of the session 
there seemed to be considerable expectation that Mr. Speaker Clay 
would place himself at the head of a new opposition. In a letter I 
have just received, it is said he will probably attempt to push the 
President in the further discussion which is soon expected on the 
subject of the South y\merican patriots. But I do not believe he 
will gain much on that ground. Nor do I believe he will go into 
opposition. Should he, Monroe will strangle him within one year. 
I believe, for a short time, at least, we are to be all Federalists and all 
Republicans. How the Government is to get on, I form no conjec- 
ture. The situation is novel. The Government has been carried on so 
long by mere party spirit, that I expect our rulers will be somewhat 
perplexed to carry it on by any other principle. They seem already 
to have lost the scent, and be at fault in the House of Representa- 
tives, on the subject of internal improvements. I should not be 
surprised if there should be experienced some difficulty in get- 
ing the Legislature into action. What is to be the stimulus and 
what the guide t Is there sufficient force of enlightened patriotism t 
Or is the executive patronage and influence so greatly increased, of it- 
self sufficiently powerful t What I most regret is the repeal of the 
internal taxes. Who would have expected that the direful experience 
of the last year of the late war would have been so soon forgotten } 
I hope your health is confirmed or continues to improve. Please 
to present my, with Mrs. Mason's, best regards to Mrs. Gore. I am 
as always, dear sir, affectionately yours, J. Mason. 



Political Prospects. 



179 



KLKL'S KING TO JEKEMIAH MASON. 

GkorGETOw.v, D. C, yaiiiiary 3, 1818. 

Dkak Sir, — I received and am obliged to you for vour letter. 
As yet nothing of interest has occurred in Congress ; the apathy 
which ajjpears to exist must not be regarded as evidence that no 
strong passions are concealed, and waiting only for an occasion to 
show themselves. An opposition will arise. The President has no 
zealous friends nor enemies ; but as a sufficient number of rivals may 
be pointed out, the quiet aspect of things will not continue. Per- 
haps a difficulty is felt concerning the questions on which the for and 
against the President are to show themselves. I shall not be disap- 
pointed if the report concerning Roads and Canals be the occasion 
that will be used to form an opposition, at least in appearance. If, as 
is supposed, a large majority dis.igree with the President in his con- 
struction of the Constitution, anil after a debate of the question 
shall vote accordingly, it will be a Ix-ginning; and the next debate, 
that may be on a question to recommend to the President to re- 
ceive a mission from lUienos .Ayres, (which the President may do 
without such advice,) mav more clearly disclose personal views and 
political hostilities, and terminate in the more di.stinct appearance 
of a new opposition. 

The .South American question, just as 1 have stated it, is one in 
which great unanimity is said to exist among the men of the West, 
and therefore a favorable occasion for their leader to appear and to 
draw towards him the regards of those who may be willing to ele- 
vate and follow him. 

Crawford, it is whisijcred, cannot support himself on his salary, 
and talks of retirement. Whether this be the real motive, or an 
unwillingness to figure in the approaching contests, or whether the 
whisper be correct, we know not. 

Mr. Clinton will be backed by the mammoth .State, as Mr. Giles 
called us, and his canal is persuasive also, in Ohio, Indiana, and 
among the back men ol Pennsvlvania. Mr. .Adams is understood 



ClIAITER V. 



i8o 



Memoir of ycremiah Mason. 



ChaiterV. to have the favor of all the good patriots of New England, and 
John Holmes at their head is to be his Guy of Warwick. All 
these competitors, whose numbers, by-the-by, lessen trouble to Mr. 
President, will make rare sport for the amateurs. To be a litde more 
sober, I think it is quite impossible as yet to determine what new 
controversies or parties, are likely to arise. So far as I can conjecture, 
the remnant of Federalism here is disposed to look on. Mr. Otis of 
Boston has been with us, but left the Senate a week ago or more 
to hold his court, which will continue the suits and allow him to 
return. If he really expected anything, I fancy his hopes were not 
raised by the weeks he passed here. 

With sincere esteem and respect, 1 am dear sir, 

Your obedient servant, Rufus King. 

DAVID DAGIUOTT 'rCJ JERIiMIAH MASON. 

Washington, January 5, 18 18. 
My DEAR Sir, — Your favor of 28th December is received. 
Should the bill for internal improvements be passed, after the dec- 
laration of the President, it probably will be done with an intent to' 
support an opposition, and this subject will be resorted to as the 
most popular. The requisite majorities can hardly be expected, and 
it is not certain that they will be desired. The Federalists, as you 
justly remark, can make no opposition. They are quiet and, as far 
as I know, disposed to remain so. Can a government constituted 
like ours long continue in the torpid state which now appears t A 
patronage of millions will be an object of ambition. You can 
believe that at least three gentlemen are not unconcerned about 
the next Presidential election, and at least three hundred have some 
anxiety about elections or appointments of less importance. In this 
condition, what more natural than that another party should arise.? 
Materials are not wanting to form it. These remarks are, of course, 
inter nos. In connection with the foregoing observations, you will 
bear in mind the thorny state of our relations with Spain, and the 



Airs. Monroes 



Dm wing- r 00 in . 



strange situation of our affairs at the South. Is Amelia Island ours 
by conquest? What shall we do with it and its inhabitants and 
garrisons? Assuredly we may look for matter of much interest 
from these sources, and you perceive a great conflict of opinion 
among "brethren of the same principle " on this subject. If the 
E.xecutive is supported in his views, by Jt>wrof his principal officers, 
others jnay think and act very differently. 

Enough of j)rophecy. A bill for a bankrupt law is again reported 
(I think the one of the last session). A very general, not to say uni- 
versal, opinion exists in favor of such a law. The discussion of its 
details will doubtless be tedious, but 1 think it will pass in some 
form. The mercantile interest demands it. It now seems abso- 
lutely necessary to relieve the nation from partial, and, I may add, 
swindling insolvent laws. A system of internal revenue, in my 
judgment, is just and proper at all times, but I heartily concurred 
in the late repeal, because the land stamp had already been dis- 
continued, and the license tax and carriage taxes are vexatious 
and unequal. Indeed, when Congress refused to continue the* 
land tax, I considered the system as destroyed. We cannot in 
this country maintain such a system in any times except those of 
immediate peril. 

And now, with my kind regards to Mrs. .Mason, a word for her. 
Mrs. Monroe opened her drawing-room (in the Palace), for the 
first time this season, on Xew Year's day. The weather was fine, 
and the assemblage brilliant and numerous. The furniture is more 
splendid than I had before witnessed ; but of this, as well as of the 
dresses, I can give no description for want of the appropriate lan- 
guage. Mrs. Monroe wore an Italian hat with a very beautilul 
white plume, and she so contrived both, as to set oft', to the best 
advantage, every iota of her handsome face. Her deportment was 
graceful and dignified. It is well understood that dining parties 
and levees are to be continued as formerly, but Mrs. Monroe declines 
relurniuj;; \h\\.^. Our session has hitherto been very peaceful; 
no subject will probably create much agitation, except that which 



i8i 



ClIAPTKR V. 



l82 



Memoir of yeremiah Mason. 



Chapter V. 



regards the Southern patriots and pirates. Probably the judiciary 
may undergo some important revisions, but of this I am by no 
means certain. Aaron Burr once said, that " Every legislature was 
a d — d Jacobinic club with respect to the judiciary." 

I shall at all times hear from you with pleasure, and should any- 
thing occur here worth communicating, and perhaps without such 
occurrence, you shall hear from me. 

Very sincerely yours, David Daggett. 

JEREMIAH MASON TO JOSEPH STORY. 

Portsmouth, yanuary 6, 1818. 

My DEAR Sir, — I feel myself much obliged by your letter. I 
do not expect to attend the session of the Supreme Court of U. S. 
this winter. Although I had become .somewhat tired of Washing- 
ton and its bustle, I confess I should like to see again, for a short 
time, some of the faces collected there. But were there no other 
reasons, my engagements at our Superior Court would prevent my 
undertaking that journey at the present time. I am endeavoring to 
pick up my old law habits, which, as you once told me, are usually 
much endangered by a residence among the politicians of Wash- 
ington. I noticed the movements in Conirress towards a new 
organization of the courts, and think it probable something will 
before long be done on that subject. There may be differences of 
opinion as to the form and manner of organization of them, but the 
better informed will agree, as I think, in the necessity of establish- 
ing in some way new circuit courts. It is not probable those 
courts will be made to consist of the present district judges, as has 
been sometimes talked of but new judges will probably be ap- 
pointed. I am fully sensible of the value of your favorable opin- 
ion, and of the kindness of the wish you express of seeing me in a 
judicial office. I do not think it necessary or proper for me, in 
speaking to you on this subject, to affect any prudery. Could I 
suppose myself tolerably qualified for it, such a situation must 



Admiralty Jurisdiction of U. S. Courts. 



183 



oubtless be acceptable to me. It would be unwise for me to say- 
thus much publicly. For, however willing I might be to accept it, 
I should not dare flatter myself with the expectation of the offer of 
such an appointment. Should there be occasion of appointing 
judges in this circuit, so numerous would be the applicants, such 
interest would be made, and such management used, that there 
would be little chance of the offer being made to me. I have no 
reason to suppose myself personally obnoxious to the ill-will or dis- 
pleasure of those whose duty it would be to make the selection. 
But I know of no ground on which I could found any special 
claim of merit with them. In the present state of public opinion 
and feeling, no reason is apparent why a very strict conformity in 
political creed would be deemed necessary. Were that the case, 
I could profess no readiness to abjure heresies, but I could safely 
declare that according to my view of the mysteries, you learned 
doctors of the orthodox sect are in the constant habit of indulging 
both in word and deed in all the heresies and sins I feel any affec- 
tion for. 

I have just been reading in the second of Gallison, your opinion 
on the admiralty jurisdiction of the courts of U. S. I intend to read 
it again, and with more minute and critical attention. As far as I 
understand the subject, I really think you have settled the question. 
I have also read your decision concerning G. W. Campbell's remis- 
sion of penalties.' Should he chance to see it, he will certainly 
think there is a necessity for establishing new courts. 

I am, with much esteem and respect, dear sir, 

Sincerely and faithfully yours, 

J. Mason. 

JnSKPIl STOKV TO JURI.MIAII MASON. 

S.ALK.M, y<tnuary 9, i.SiS. 

Mv DF.AR Sir, — I have the pleasure to acknowledge the receipt 
of your favor of yesterday. I hope that Congress will create cir- 

' .\Ir. Mason refers to the cisc of The .M.irg.irctt.i .iiul Cirgi), : G.illis.in, 515. 



Cu.M'itR v. 



1 84 



Memoir of yeremiah Mason. 



ClIAriER V. 



cult courts on the plan of the Judicial Act of iSoi ; and I shall 
use all my little efforts for this purpose. In case a new system 
passes, I do not think that the President ought in the slightest 
degree to consult political opinions ; but ought to select the ablest 
and the best men. It seems to me that this course is so obvious, 
both for the dignity of the government and the good of the public, 
that the President will have no adequate temptation to deviate from 
it. In relation to candidates for office, I should on ordinary occa- 
sions feel a delicacy in approaching the Executive ; but as to judi- 
cial appointments, especially within my circuit, I feel it almost a 
duty to give him exact information. If therefore, a new court is 
created I shall certainly bring before him the merits of the various 
professional gentlemen who are entitled to be considered as candi- 
dates for such appointments. I sliall do this on public grounds, 
and shall most explicitly recommend you for the highest judicial 
office, because I am most decidedly of opinion that your learning, 
talents, and rank equally entitle you to it. I need not add that I 
shall in no degree feel myself prompted to this act by my private 
friendship and respect for you, strong as these are, but by motives 
of public good, by a desire to sustain the honor and the independ- 
ence of the Bench, and through them of the government itself. In 
addressing myself to the Executive, however, I shall carefully ab- 
stain from the slightest intimation to him that you would accept 
such an office, or even that I felt at liberty to entertain such an 
opinion. This course I deem proper, lest I should otherwise seem 
to seek what ought to be most earnestly sought by the government 
itself Perhaps I may be wrong in supposing that I shall have any 
influence with the Executive in such an appointment ; but if so, I 
am sure he cannot be ignorant of the very high rank which you 
hold in the profession, and how entirely acceptable to the public 
would be your appointment. If anything should occur of a deci- 
sive character, I will do myself the pleasure of writing you from 
Washington, whither I go in about ten days. If I shall have the 
good fortune to have your suffrage as to the Admiralty Jurisdiction, 



y udiciarv listablisJniicnt. 



185 



it will greatly strcngtlifn my opinion, which I confess I have not Chai-ikk v. 
yet seen the least reason to change.' 

I am, with the highest respect. 

Your most obliged friend and servant, 

JosEi'ii Stokv. 

JERKMIAII MASON TO JOSKPII STORY. 

Portsmouth, yaiiiiiiry 15, iSiS. 

Mv DKAR Sir, — I feel myself not only much obliged by the 
kind sentiments, but much honored by the favorable opinion ex- 
pressed in your letter of the 9th instant, if the .Administration and 
their confidential friends will assent to it, I have no doubt the best 
chance for success in attempting to amend the judiciary establish- 
ment, would be on the plan of the -Act of iSoi. That would save 
the labor of getting up a new bill, and settling the details, and 
would also have the advantage of experience on its side. When 
this subject was talked of the last session, it was said that the then 
President and his friends would not like a revival of the old .Act of 
1801, for fear of the appearance of inconsistency in reviving an act 
they had formerly repealed. I know not whether there was any 
foundation for the suggestion. I heard it from no authority. I 
should not think it probable that Mr. .Monroe would, at the present 
time, be influenced by any such apprehension. Were it admitted 
that when that act was repealed there were sufficient reasons for 
it, surely it cannot be said those reasons now exist. The circum- 
stances of the country are materially changed, and the duties of 
the judiciary vastly increased. Of this, the frequent application 
for new courts from various quarters, is sufficient evidence. In let- 
ters from Washington, I am told there is considerable talk of doing 
something on this subject, but that the result is very uncertain. In 

' Judge Story htrc alludes to his judgment in the celebrated c.i5c of lie Lovio f. Boit et al., 2 
Gallison, 39S, m.iintaining that a policy of insurance is a maritime ronlracf, and therefore of ad- 
miralty jurisdiction, .\ftcr much discussion, and some difference of judicial opinion, the doctrine of 
this case h.is licen recently allirnicd by the Supreme C"ourt of the Unileil Slates in Insurance Co. v. 
Durham, It Wallace, I. 

-4 



i86 



Memoir of ycreniiaJi Mason. 



Chapter V. 



one of them is repeated a saying of A. Burr, " that every legisla- 
ture, in their treatment of the judiciary, is a d — d Jacobin club." 
There is certainly nothing in a good judiciary likely to attract the 
favorable regards of a Legislature in turbulent party times. The 
dominant party in such times can expect no aid in furtherance of 
some of their measures from tlie judiciary. Indeed, both parties 
having unreasonable expectations of aid from the judiciary, are 
usually disajjpointed, and are apt to view it with jealousy. And as 
it has nothing to offer to appease or attract either party, neither will 
hazard much for it. The Legislature at present seem greatly re- 
lieved from the intiuence of party spirit. The situation is new, and 
affords ample matter for observation and retlection. It may not be 
easy to foretell what the government would do were this quiet 
state of peace to continue long enough for the adoption of perma- 
nent measures. Would to God the experiment might be fairly 
tried. But it is whispered at Washington that a new j^arty is soon 
to be formed. I know many idle conjectures are constantly formed 
and buzzed about in that place, and sometimes gain a degree of 
credit they are in no way entitled to. I can see the recurrence of 
no cause likely to produce any strong party division during this 
Congress. Whatever produces it must be in relation to the next 
Presidential election, which is yet too remote to justify the expo- 
sure of arrangements for it by any candidate. But however this 
may be, I certainly think the present a very favorable time for the 
Legislature to act on the subject of the judiciary. Should the ex- 
ecutive government be favorably inclined to an establishment sim- 
ilar to that of iSoi, I think there is great probability of its being 
effected. Against the wish of the Executive and encountering the 
obstacles which that department can easily raise, I do not believe 
anything can be done on the subject. 

I am, dear sir, with much esteem and respect, 

Truly and faithfully yours, 

J. Mason. 



S^iccessor to Mr. Monroe. 



187 



JERIiMIAII MASON TO KUFL'S KIXG. 

Portsmouth, Jauuary 27, iSiS. 
Deak Sir, — I am much obliged by your letter of the 3d of Jan- 
uary. I had not supposed it probable that the rival candidates for 
the next Presidency would have exhibited themselves at so early a 
period. The next Congress would seem to be soon enough for 
that. A premature exposure of their pretensions must tend to the 
security of the present incumbent It is reported here that Mr. 
Monroe intends bona fide to make his Secretary of State his event- 
ual successor, and that he will in due time give evidence of such 
intention. Of course we are all to give our utmost aid to secure 
the inheritance to the present occupant, during his lawful term of 
eight years, in hopes thereby to obtain the reversion to ourselves. 
In confirmation of this, it is said the Secretary is very desirous of 
keeping New England quiet. That he has advised his friends in 
Massachusetts not to set up a candidate, nor make any opposition 
to the reelection of Governor Brooks. I believe the latter report 
to be true, and that his advice will have <;ood influence. 

If the President is attacked for his conduct towards the patriots 
of South America, New England will, as I think, support him. In- 
deed, be the ground of attack what it may, the Yankees will not at 
present join in it. They have become tired of opposition, which 
has given them no profit, and not much credit, and are now in- 
clined to try the opposite course, and sing the " Vicar of Bray."' 
While in opposition, our force being paralyzed by division, we 
effected nothing. Shall we have success, when united in a course 
of subserviency 1 

My namesake, of Boston, I am told, is disposed to act a consider- 
able part.' He is to occupy neutral ground, and perform the office 
of mediator. I know little of him personally, but have lately heard 
pretty good judges, who knew him well, declare that he had capac- 
ity and talents of a higher order than the puijiic give him credit 

' Mr. Jonathan M.Tion, who was a representative from lioslon from 1S17 to 1S20. 



Chapiek V, 



i88 



Chapter V. 



Memoir of yeremiah Mason. 



for. His election gave no dissatisfaction to many of the Bosto- 
nians, who ostensibly favored the election of his opponent. 

The good people of Massachusetts are desirous of relieving Mr. 
Otis from the burden of one of his offices. I am informed that it 
is firmly determined that he shall quit either his judgeship or office 
of Senator. The lawyers of Boston, some of whom want the afore- 
said judgeship, complain loudly. A late statement by the judges 
of the Supreme Court to the Legislature, proposing the imposition 
of more duties on the judges of inferior courts, bears directly on 
him. 

I hope a Bankrupt Act will pass this session. The act of 1801, 
not being well understood at first, was in some of the States badly 
executed. The system had just become familiar when it was re- 
pealed. The vesting of the appointment of commissioners in the 
President, by a subsequent act, was in my opinion injudicious. 
The President, not having the requisite knowledge of characters, is 
less able to make proper selections than the judges. It is also, as I 
think, expedient that the commissioners should be dependent for 
their appointments on the judges, which would best secure a dili- 
sent attention to their duties. As their doings come often under 
the examination of the courts, their misconduct or negligence being 
known would prevent a reappointment, if to be made by the judges. 

I am, dear sir, with high respect, your faithful servant, 

J. Mason. 

JEREMIAH MASON TO CIIKISTOPIIKK GORE. 

Portsmouth, jfanuary 29, 1818. 

My DEAR Sir, — I am much obliged by your letter of the 6th 
January. It seems there is a confident expectation at Washington 
that a new opposition jmrty is soon to appear. All my information 
tends strongly to that point. I did not expect to see much of an 
opposition this session, or even during this Congress. And I still 
am inclined to believe the Washington prophecy antedates this 



The Presidential Rleciiou. 



189 



event one year at least. You know the politicians there, having 
leisure enough for it, are apt to amuse and sometimes heat them- 
selves with reports of plots and conspiracies which never existed," 
except in imagination. While we were there, many reports of simi- 
lar nature gained credit for a time, and then ended in nothing. As 
far as I understand, it is expected that Mr. Speaker C. is to head 
the opposition, and to rest himself at present chiefly on the Presi- 
dent's treatment of the patriots of South America. In that war- 
fare, I think Mr. C. will find few allies on this side the Alleghany. 
1 believe the nation generally, with the exception of the Western 
men of war, is well satisfied with the conduct of the government 
toward the Spanish Colonies. If there be any fault, it is in not 
sufficiently restraining the fitting out privateers in our harbors 
under the patriot flags. This neglect will be no crime in Mr. C.'s 
view. Whether the expulsion of Commodore Aury and his renc- 
gadocs from Amelia Island, and the occupation of it by our troops, 
can be justified under the Secret Act of iSi i, or whether it comes 
within the general scope of the executive power, may be very 
doubtful. But as it is generally assented that something of the 
kind ought to have been done by somebody, the Presidents author- 
ity will not be very severely scrutinized, unless some misfortune 
to the country comes from it, which is not probable. He must take 
care that Aury, now desperate, does not, after being dismissed with 
his privateers, indemnify himself for his loss at the expense of our 
merchants. Perhaps it would have been as well to have hune him. 
and confiscated his vessels, which, if he is a pirate (as the President 
asserts), was our proper security against future trouble. Neither on 
this, or any other subject, can an attack be made at this time on 
the President, with any |)rospect of support. The nation at large 
seems to like the present tranquillity, and freedom from party alter- 
cation. It has the recommendation of novelty. I think no new 
party can be formed but with a direct view toward the next Presi- 
dential election, which is too remote for present calculation. If Mr. 
C. pursues this project with his usual boldness and want of cau- 



ClIAnKK V. 



190 



Alemoir of yeremiah Mason. 



Chapter V. 



tion, he stands a good chance of being strangled at the end of two 
years. Mr. Adams' advice to his friends to support Governor 
Brooks, shows his anxiety to keep the good people of Massachusetts 
quiet. He will certainly be somewhat perplexed with your State 
claim. I suppose your friends are not desirous of preserving that 
source of popularity any longer, but are willing to have it extin- 
guished. Your Legislature appear to be disposed to relieve Mr. 
Otis from the burden of one of his offices. His declining the prof- 
fered military rank has no effect. Will he abandon his salary or 
senatorial dignity ? If the latter, you will have to look out for two 
new Senators, as I am told Mr. Ashmun intends this for his last 
visit to Washington. Mrs. Mason, as usual, desires to unite with 
me in regards to Mrs. Gore. I am, dear sir, with unabated esteem, 

Sincerely and affectionately yours, 

J. Mason. 

DAVID DACCETT TO JEREMIAH MASON. 

Washington, February 10, 1818. 

My dear Sir, — Yours of 26th January was duly received. I now 
send you a pamphlet just published by Charles F. Mercer. It may 
afford you a moment of amusement, but I am quite sure the perusal 
of it will give no real pleasure to either of the parties. Perhaps you 
have read the speech of Mr. Thompson's successor, on the slave 
trade.' Judge Tait, whom you know sits just behind me, and is not 
the most placid man in Christendom, was so enraged at it that I 
was obliged to interfere and tell him that M. was a good Republican, 
and yet I thought if he did not preach better in future, his license 
ought to be taken away. The Democratic press at Philadelphia is 
attacking Clay with great virulence. The author is a certain Mr. 
Inchiquin' of "blessed memory." Bledsoe in the Senate, and Bibb 
in the House of Representatives of Kentucky, you see are aiding 

1 Mr. Daggett here probably alludes to a speech by Mr. David L. Morrill, Senator from New 
Hampshire, on the African slave-trade, delivered in the Senate, January 12, 1818. — See Benton's 
Ahrid'^ifu-iit^ vol. vi. p. l6. 

- Inchiquin was the pseudonym of Chailes J. Ingersoll. 



Mj's. Monroe s Draixjiiig-room. 



191 



in the Spanish patriot cause ; and Pope and his friends, in their turn, 
are lashing Clay for his opposition to Monroe. Talbot told me, 
last evening, that every member of their Legislature ought to be put 
in irons for making their thirty-nine new banks. He says by their 
charters, not a dollar of specie capital is required, and that it is done 
from hostility to the National Bank. I think Kentucky is in a very 
hopeful way. Their Legislature is t(,) pull down Old Spain and 
overturn the National Hank, and their College or University is to 
furnish the world with sound literature and religion under the 
auspices of President Holley. The claim of Beaumarchais is again 
pressed upon us. It will ]jrobably now undergo a very thorough 
investigation, and a report will be made which will terminate the 
question one way or another. It is very hard to bring either House 
into the discussion of the Bankrupt Law, or into anything relating 
to the judiciary. Topics of more immediate interest, though of 
minor imjjortance, take the preference. I forget whether I told 
Mrs. Mason about the Queen's drawing-room and her dinins-table. 
They are splendid enough for any Rcpiiblic. The plates are of 
beautiful French china, with the American coat of arms in the cen- 
tre. The plateau (I believe they call it) is magnificent beyond 
anything I ever witnessed. Mrs. M. docs not return visits. Her 
daughter, Mrs. Hay, and niece. Miss Goreman, act for her in that 
ceremony. Mrs. Adams (J. Q.) is taking the same course, which, 
as will easily be imagined, causes some heart-burnings. We have a 
very pleasant time in the Senate this winter. I think you would 
be more pleased were you with us, than at any former session. 
The thorny questions about the war, seem to have subsided, except 
those growing out of the Massachusetts and Connecticut claims; 
they will linger and finally be paid. Old I-'ather Morrow takes good 
care of the land; Mr. Tait nurses the navy; Williams adheres 
closely to the military ; and (k)ldsborough, to the District of Col- 
umbia. The city is now thronged with strangers, and many of 
them of much consideration. The Supreme Court, as you know, 
is sitting, and that brings some distinguished men. 



Chapter V. 



192 



Memoir of yeremiah Mason. 



Chapter V. 



Meade's affair^ has excited some spirit in the House; it will prob- 
ably lead to nothing of much importance. With particular remem- 
brance to Mrs. Mason, 

I am very sincerely yours, David Daggett. 

RL'FUS KING TO JKREMIAH MASON. 

March, 1S18. 

Dear Sir, — I ought sooner to have acknowledged and thanked 
you for your letter; but having nothing to communicate of any con- 
sequence, I have omitted, and for the same reason might still omit, 
to do what civility required. Except the Bankrupt Bill, which has 
been rejected in the House of Representatives, no measure of im- 
portance has been even debated. The West and the South seem 
to have arrayed themselves against the Bankrupt Bill. This is hardly 
fair; as we have stipulated in favor of the security of their labors, 
and in doing so, in some sort disregarded long settled opinions in 
relation to slavery among ourselves, we might in return expect that 
in a matter about which they are little concerned, and scarcely at 
all interested, and which so deeply and exclusively affects the com- 
mercial States, they would be disposed to consent to a measure 
that the experience of all the commercial nations has sanctioned. 

Perhaps the measure may hereafter be resumed and with better 
success. I perceive no material difference in Congress now, from 
what it was at the commencement of the session. There is no party 
for, and none against, the President. Should the latter appear it 
would probably create the former. There are whispers and sneers, 
about too much formality, etc., rich furniture, and a reserve some- 
what beyond the plainness and simplicity of republicanism. 

The Cabinet too is said to be ill assorted; its members mutually 
jealous of each other and not over often consulted. How these 

' Richard W. Meade, an Ameiican citizen, and navy .agent of the United States at Cadiz, was im- 
prisoned in Spain upon a judgment obtained against him in the courts of that country as assignee of a 
Ijanlcrupt. The House of Representatives adopted a resolution to support the President in any 
measures he might adopt to obtain his release. 



Mr. Monroes Cabinet. 



193 



things may be 1 am not able to tell you. I can well imagine that 
the Department of State and that of Treasury are not very likely to 
be cordial or confidential. Rivals do not consult each other, nor 
are they more likely than others to agree in opinions in which they 
have no personal concern. The Secretary at War is a young man, 
with honorable views, so far as I have understood them, but at 
present cannot be supposed to have great influence in any direction ; 
and as to the Secretary of the Navy, his value must cvervwhere de- 
pend on his being placed so that he may count something. Of the 
Attorney-General I have heard very little; personallv I am not able 
to say anything. The X'irginians say, as our friend Lewis used to do, 
that he is a high-minded man; though as a lawyer I have heard 
that Webster appeared with great advantage in opposition to him 
in the Boston question, turning on the point of State or United 
States jurisdiction. The I'resident continues that same course of 
profession which was so engaging in the course of his eastern tour. 
rhi> is more befitting a Secretary of State, who decides nothing, 
than the President who decides all tilings. I think it cannot be 
continued without becoming insipid, unless he gratifies by perform- 
ance, as well as by expressions of regard and good will. That he 
would do so, 1 am disposed to believe, if he dare ; but notwithstand- 
ing we are all Federalists and all Republicans, that means in the 
sense of the motto of the Prince of Wales, — we may all support but 
only a part be rewarded. 

if .Mr. .A. or Mr. B. have believed by broad avowals of fidelity 
and support, that the past would be forgotten, and that they would 
be permitted to share the children's bread, they will find themselves, 
at least for a time, and I cannot tell for how long, disappointed. 

That New England is ready to serve and support, I do not 
doubt; but yet for a time the government will be critically sit- 
uated, if it can be supported only by a majority that would not ex- 
ist without New England. So much for domestic affairs. A word 
or two respecting foreign concerns. 

Our Spanish negotiation is just now at a stand, and the Depart- 



ClIAITER V. 



194 



Mcvioir of yeremiah Mason. 



CiiAi'TEK V. ! ment of State is soon to send in a report, that Avill show that we are 
now precisely where we were in 1805. Spain concedes nothing; the 
United States relaxes nothing. Spain would cede the Floridas for 
the Territory of Louisiana west of a line a few miles west of, and 
corresponding with the Mississippi. This we decline, and Spain 
is told that when she shall offer a more reasonable arrangement, 
the United States will receive and consider it. In this state of 
things, England announced that she had been desired by Spain to 
mediate between her and us ; that she had answered, that to do so 
she must also be asked by us. To this communication England 
has been informed that we decline her mediation, as we shall do 
the mediation of any other power, — this claim is added to pre- 
clude a like offer from Russia. 

The South American question is assuming new interest. Rus- 
sia has sold four ships of the line and three or four frigates to Spain ; 
and the money that England is said to have engaged to give Spain 
to accede to the abolition of the African slave-trade in 1820 is to 
pay for these vessels. 

The sale of these ships was not known, until publicly announced 
either by the English Ministers in Petersburg or Spain. It ex- 
cited some attention in Eno-land and Lord Cathcart was ordered to 
ask an explanation of the Court of St. Petersburg, and whether 
Russia was about to take any part with Spain against the colonies. 
The answer was, that the transfer was a mere fiscal operation : the 
sale of ships not wanted for money much wanted ; and that Russia 
would take no part between -Spain and her colonies ; and consid- 
ered the sale of the ships as an unessential and mere fiscal affair. 
These ships are destined to accompany a grand expedition against 
Buenos Ayres ; and as Mexico is almost or entirely tranquillized, 
treasure from this quarter to a great amount has been, and is in tlie 
course of being remitted to Spain, with which ships, soldiers, and 
the other things requisite for the expedition are to be obtained and 
dispatched so as to reach Buenos Ayres toward the month of Sep- 



Foreign Politics. 



195 



tember and in season to enter upon their operations in the spring 
of that hemisphere. 

While all these thinsfs are cjointr on, the views of England are 
understood to have undergone a change in respect to the dispute 
between Spain and Portugal. The latter seized upon Monte Video 
on the River Plata. In the course of the last summer a strong note 
was delivered to Portugal by the five great powers, which was nearly 
equivalent to a demand that Portugal should deliver up Monte 
Video to Spain. This has not been done; and England, as is said, 
is now of opinion that Portugal ought not to deliver up Monte 
Video until the question of the independence or submission of the 
Spanish colonies be determined. As it is almost indispensable to 
the projected expedition that Spain should have Monte X'ideo, this 
change of policy in England is a very significant proceeding. 

That England has altered her views, though not certain is very 
probable. She has announced to our government that she has 
been desired by Spain to mediate between her and the colonies ; 
that she has as yet decided nothing, but that she will mediate only 
on the basis that South America shall be commercially independent, 
that her trade shall be equally open to all nations, etc. England 
has promised further and full communication on this subject to our 
government. Now such a mediation terminating successfully is to 
Spain equivalent to the loss of her colonies. 

In these circumstances if Congress take the subject of America 
into their consideration, they ought in prudence to postpone any 
decision, and so I think they will do. 

These views and communications of En<j;land seem to look to the 
breaking up of the great European alliances, to a state of things in 
which England may be more and more excluded from continental 
connection, and more and more impelled to look to arrangements in 
America and with the United States, that shall prevent their associa- 
tion with those who may hereafter and at no remote day combine 
against her. 

But this, as you must perceive, is mere speculation. I cannot even 



Chapter V. 



196 



Alemoir of yeremiah Ala$oii. 



Chaptkr v. 



rc\ie\v the sheds that I have filled ; if you can make them out, it 
will cost you I fear much more than they are worth. 

Yours truly, R. K. 

JEREMIAH MASON TO CHRISTOPHER GORE. 

Portsmouth, March 5, 1818. 

My dear Sir, — During the last four weeks, I have been con- 
stantly engaged in the business of our Supreme Court, which has 
occasioned the delay in my answering your two last letters. I am 
confident the accommodations for your boys at Judge Peabody's 
will prove satisfactory. I had not supposed it would have been 
agreeable to him, and for that reason probably should not have 
applied to him. If my children go, I should prefer that place for 
them to any other in Exeter. I am not yet determined as to send- 
ing them. We have a young man here under whose instruction 
they are now doing much better than heretofore. 

Of late I have heard very little from Washington. I do not think 
anything of much importance is doing there. I am sorry they did 
not pass the Bankrupt Act. On the whole I think it would prove 
beneficial to the commercial interests of the country and not inju- 
rious to any other. The present Congress have shown as much 
ingenuity as their predecessors, in getting up great debates on little 
subjects. They have certainly shown a very notable disjDosition 
that way in their proceedings relative to poor old St. Clair and the 
other Revolutionary worthies. What can be the cause of this extraor- 
dinary zeal towards these relicts .'' I do not expect Congress will 
do anything of much importance till new parties shall be formed, 
and of that there seems no immediate prospect. In most cases 
there will be so many conflicting views and interests, that a majority 
will seldom be found united for action in any important matter. 
Perhaps this state of apparent apathy and indolence is not to be 
regretted. The irritation and excitement of past years, has certainl}' 
done no good to the better side, and I do not believe their continu- 



Federal Party. 



197 



ance would do any good to the best interests of the country. I agree 
with you, that Federalists have nothing to expect in the way of ap- 
pointments to office from the present administration. Were this a 
main object with them, as it certainly ought not to be, there is no 
probability of their soon attaining it by any probable change. The 
old Federal doctrines, as first delivered by the true apostles of that 
faith, will never again be extensively professed. But with new glasses, 
I think, they are coming gradually into use. The truth is, you an- 
cient apostles expounded your doctrines in a manner ill-suited to the 
corrupt taste of your hearers. You flattered none of their appetites, 
but insisted that they must love and practice virtue for its own sake. 
You divided the saints from the sinners, and the latter being always 
a majority soon burst open " the doors of honor and confidence." 
It is not probable they will soon consent to have these doors shut 
against themselves. As there is no chance of reclaiming these sin- 
ners, I do not think it worth while to be constantly preaching to 
them or quarreling with them. The ofier of England to mediate 
between us and Spain, at the desire of the latter, looks as if the 
misunderstanding was of a more important nature than I had sup- 
posed. I think with you, our government would do wrong to accept 
the mediation. I cannot believe there is any manner of danger of 
war from that quarter. The motion of Mr. Forsyth in the House 
of Representatives, for information of the state of the negotiation, 
can be intended only to frighten the Don. Mrs. Mason desires to 
join me in kind regards to Mrs. Gore. 

I am sincerely and affectionately yours. |. Mason. 



Chapter V. 



CHRISTOPHER GORE TO JKKI-.MIAH MASOX. 

Wai.tham, Maiili 20, 18 18. 
Mv DEAR Sik, — The parties at Washington seem to be forming 
under the two questions, — of South America and the appropria- 
tion for canals. Clay and Forsyth appear to put themselves for- 
ward as the champions. 



198 



Memoir of yeremiah Mason. 



Chai'ter V. England, in her sweet and amiable disposition, is to give Spain 

four or five hundred thousand pounds for her consent to abolish 
the slave-trade at some future day. This sum is to be paid to 
Russia for the ships supplied by that power. Russia was asked by 
England at Petersburg, if she meant to depart from her neutral- 
ity, and take part with Spain against her colonies. The reply was 
definitely no. She only merely sold the ships. England will me- 
diate between Spain and her colonies, on the condition that the lat- 
ter shall have a free trade with all the world without preference to 
any part. Such a mediation would be useless to Spain. England 
has explained herself partially, and promises that she will fully, to 
the United States. 

Spain and Portugal are at variance, as you know, about Monte 
Video. Last year, as you will recollect, the allies delivered a strong- 
note on this subject. England now, we are told, has taken the part 
of Portugal, and wishes her to retain possession of Monte Video, at 
least temporarily. One would suppose from these things, the alli- 
ance was not like to continue forever. 

The state of the war in South America is not accurately known. 
Spain, we understand, will make one great effort about September 
ne.xt to conquer her rebellious subjects. If she fail then, her case 
must then be considered desperate. As in all probability the colo- 
nies will at no very distant day be free from the metropolitan coun- 
try, it seems advisable to many now to show their good disposi- 
tions in order for future favor. 

I regret with you that Congress did not pass a Bankrupt Law. 

Such a system is necessary to commercial States, and for that reason 

I presume was not acceptable to the South and West, with whom 

our patriots seemed to unite. Our best regards to Mrs. Mason. 

Sincerely and affectionately, I remain 

Your friend, 

C. Gore. 



Mr. Pinkneys Embassy to Ahiples. 



DAVID DAGGliTT TO JEREMIAH MASON. 

Washington, March 18, 1S18. 

Dear Sir, — I thank you for your letter of 5th inst. Tom Paine, 
speaking, or rather writing of some one, says, " He went up like a 
rocket and came clown like the stick." That is evidently true of a 
certain great man from Cyrus King's district. He has attempted as 
a politician, so much wisdom, and such a desire to be admired by 
everybody, that he has ceased for weeks to be regarded by anybody. 
His friends, however, still uphold him as a lawyer, but in the Dart- 
mouth College Cause, he sunk lower at the bar than he had in the 
Hail of Legislature. The opinion was entirely universal, that Web- 
ster rose superior even to Wirt, (though it is said that he ap- 
peared very well,) and infinitely so to Holmes. The great question 
of internal improvements, seems almost jaded down. Clay has not 
succeeded at all at this game. Monroe has gained rather a tri- 
umph. Probably it will not be agitated again at this session. The 
skirmish respecting the petition of the patriot agent, proved very 
unf<jrtunate for the opposition. It is said that the Speaker will cer- 
tainly propose that some of the Provinces shall be acknowledged 
independent, and that on that question he will come out as large 
as life against Mr. M. He will, however, be foiled. 

The furniture c|uestion will make some noise. It seems an appro- 
priation of twenty thousand dollars has been greatly exceeded, and 
that the House is still almost empty. I tell our good Republicans 
to be quiet; Republicanism always adores show and parade in its 
friends. Have you seen a history of " Pinkney's Embassy to 
Naples.''" I'll send you a copy by this mail, if one is to be had. 

' " William Pinkncy, the fonncr ambass.i(lor to London, appointed in I'ayard's place as Minister to 
Russia, h.id been also commissioned to take Naples in his way, and to ask payment for the vessels 
and cargoes formerly confiscated by .\Iurat. Bui the restored IJourbon Government seemed 10 think 
it strange, as appeared from the correspondence now laid before Congress, that this demand had 
never been pressed upon .Murat himself during the years he had continued in power. They disclaimed 
any responsibility for the acts of a usurper by whom they had suffered still more than the .Xmericans ; 
and, notwithstanding the displ.ay of a naval force before Naples, — the new seventy-four IVasliinglon, 



99 



Chaiter v. 



200 



Memoir of yeremiah Mason. 



Chapter V. 



It seems he undertook to be very cunning, but on the whole, the 
Italian was up to him. That mission was indeed disgraceful, and 
the Senate degraded the body by yielding to Madison's impudence. 
Its issue is such as all men of forecast predicted. 

I hear little and see nothing of Adams. He declines calling on 
Senators, I understand, and his wife refuses to return the visits of 
the ladies. He however gives parties, and is, I am told, quite splen- 
did. Of his political course nothing is said, except once in a while 
it will be gently suggested that it is out of the question as to his 
being President. We have a valuable acquisition in Burrill and 
Crittenden. Eppes is a man of some grit, and not troublesome. 
Barbour continues his ore rotundo eloquence. " My maxim, Mr. 
President," said he the other day, " is Jiat justifia mat caelum, and 
leave the balance to Heaven." His wife has been here with him, 
and is a very excellent woman, as many of the Virginia ladies arc. 
If my business will permit, I shall visit your place the ensuing 
summer, in which case I shall certainly call on you and Mrs. M., 
to whom please tender my regards. 

Yours very respectfully, 

David Daggett. 

jeremiah mason to rufus king. 

Portsmouth, A/'ri/ 13, 18 18. 

My dear Sir, — I am greatly obliged by your letter (without 
date) received about three weeks ago. I was struck with your 
views of our public concerns, some of which were entirely new to 
me. I think the present session of Congress, which has been so 
peaceable and done so little, must terminate in worse humor and 
with less placid prospects than it commenced. Storms threaten 
sooner than I expected. I had anticipated for the country a few 
years of quiet rest, during which the strong jealousies and angry 

and several sloops-of-vvar, — Pinkiieyhad left for Russia without being able to obtain any recognition 
of the claim." — Hildrelh's Histoi-y of the United States, vol. vi. p. 6l0. 



Mr. Piiikncy s Mission to Naples. 



passions might, in some measure, subside. I still think a great 
majority of all political parties are desirous of remaining at rest. 
I hey have become fatigued with party dissensions, and e.\]:>ect no 
benefit from their continuance. But our people are so easily ex- 
cited, that a little matter will answer the purpose. I fully agree with 
you that the President's smiling dispensation of promiscuous com- 
placency must soon cease to have any effect. He may probably 
soon find himself involved in unexpected turmoil. Among other 
difficulties which are pressing on liim, I do not see how he is to dis- 
pose of the subject of internal improvements which he flattered him- 
self he had got rid of, with great adroitness, by requesting Congress 
not to quarrel with him about it. With his professed opinion, how 
can he assent to the approjjriation of money for this object Under 
the management of corporations created by the States, as seems to 
be intended by Congress, this indirect mode of pursuing the object 
does not, as I think, free the measure in any degree from the sup- 
posed constitutional difficulty, but subjects it to other weighty ob- 
jections. 

Both from the inanner and matter of Mr. .Adams' answer to poor 
Don Onis, I infer that the administration has no fear of a war with 
S])ain. There arc many obvious reasons why Spain ought to avoid 
a conflict with us. But if her councils are as weak and mad as is 
generally represented, there can be no safe reliance on her prudence 
or forbearance. 

I have been somewhat amused with Mr. Pinkncy's statement of 
the result of his mission to Naples. I wish our merchants had 
their rights ; yet recollecting the degrading manner in which his 
renomination was pressed on the Senate, I cannot much regret to 
see the exact fulfillment of your prophecy. The bill prohibiting 
British vessels from their colonies from an entry in our ports, which 
passed the Senate so unanimously, excites considerable attention in 
this quarter where that trade is deemed of importance. The expec- 
tation is that the British will succumb, as they did in the case of the 
26 



201 



ClIAI'l KR v. 



202 



Chaitiu; V. 



Memoir of ycrcmiah Mason. 



Plaster Act of the last session.' Should this expectation be disap- 
pointed and the trade be destroyed, it will cause much clamor among 
our traders. I think, however, it will be better for the country in 
the end that the trade should be destroyed than to be carried on as j 
it now is by the exclusion of our vessels. 

I am sincerely and faithfully yours, J. Mason. 

JEREMIAH MASON TO MISS MARY E. MASON. 

PORT-SMOUTH, Ap7-il 19, 1818. 

My DEAR Mary, — I advised you when at home, so fully, on 
what I thought required your strict attention, that it may seem un- 
necessary to enlarge on those topics. But my affection for you and 
anxiety for your welfare induce me to restate a few ideas. 

To arrive at great excellence in any of your pursuits, you must 
entirely conquer all that indolence and listlessness, to which, either 
from natural disposition or habit, I fear you are a good deal subject. 
You must acquire more energy and force of mental exertion. This 
is to be attained by a vigorous and continued exercise of the powers 
of the mind. By such exercise, those powers will be gready in- 
creased and sharpened. None of your studies are better calculated 
for this purpose than composition. I wish you therefore to pay 
special attention to it. Write long pieces. After reading and think- 
ing on the subject on which you are to write, express your ideas, in 
the first instance, rapidly and boldly, as they occur. The great ob- 
ject is to secure the ideas ; this must be done without much atten- 
tion to their dress. You may afterwards, at leisure, dress them in 
the most appropriate language you can, and if necessary new-model 
the sentences. This however is a matter of minor importance. If 
you have good strong ideas, you will soon learn to express them 
well enough. In attempting composition you must not suffer your- 
self to be restrained by diffidence, or false delicacy, but exert boldly 

1 An act .ipproved March 3, 1S17, furbiddiiig the importation of plaster in foreign vessels from 
countries whence vessels of the United States were not allowed to bring it. 



Rn'o/icfionary Officers and Soldiers. 



20 



all the powers you have. Never encourage with yourself a low 
and mean opinion of your own talents. This is often the effect of 
mere indolence. In most pursuits, a firm resolution to excel, and 
persevering diligence, will secure success. Without them nothing 
very estimable ever was, or will be attained. 

This same zealous and ardent exertion, with resolute perseverance, 
is necessary for your success, whatever be the object of your pur- 
suit. Even in manners and external accomplishments, nothing can 
be done without it. I strongly urge your attention to this, because 
I fear you are somewhat deficient in this particular. I hope the 
plain manner I use will not hurt your feelings. N'u other would be 
likely to do any good. 

1 suppose Alfred has given you all the family and town news. 

Your affectionate father, J. .M. 

KLFLS KINC; Ti) JKkl.MIAII .\IASii\. 

CkAWKiiKli's, April z\, 1S18. 

Di.AR Sir, — I yesterday received your obliging letter of April 13, 
in which you acknowledge the receipt of one from me without date. 
Congress adj<nirned last evening. Except laws that will rec|uire 
the payment of a good deal of money out ol the treasury, we have 
done nothing that is mischievous, as a great many private money 
bills did not pass, by reason of the delay in getting them sufficiently 
forward. This evil is not as great as a longer session would have 
made it. The pension to Revolutionary officers and soldiers will, 
as I expect, turn out much greater than was anticipated. The com- 
prehension of all who served for the term of nine months and more, 
was imprudent. 

1 was inclined to have confined the provisions to the officers, but 
could meet with no support. The soldiers were paid high bounties, 
and clothed and fed. Not so the oflicers. 1 would have trone 
as far as to include all the soldiers who were in the Continental 
army when it was discharged, but this was discrimination, and 



Ciiap:kk V. 



204 



Chap IK u V. 



Memoir of ycrcmiah Mason. 



it was with difficulty tliat the militia was shut out. The sailors go 
in, notwithstanding their prize money. 

For manufacturers, we have raised the import duty on iron in 
bars, from nine to fifteen dollars per ton, with a correspondent in- 
crease of the import on nails, spikes, and iron castings. The twenty- 
five per cent, on cotton and woolen goods, which was limited to 1819, 
has been extended to 1826, by which time, with this encouragement, 
our own manufactures will or ought to be so established, that coarse 
cottons and fine woolens may perhaps be prohibited from abroad. 

We have moreover passed a navigation law that, after September, 
closes our ports against British vessels coming from British ports 
closed against American vessels. This is a strong measure, but 
called for, as I believe, by a just regard for American navigation. 
We are independent of Great Britain for supplies of sugar, coffee, 
rum, etc. Whether she be alike independent of us for live stock, 
provisions, bread-stuffs, timber, lumber, staves, and heading is to be 
now ascertained. Perhaps the ports of Bermuda and the Bahamas, 
which are open to us, may still enable the English ships to carry on 
a disproportionate share of this intercourse ; if so, we must go further 
when we see the operation of the new law. It must be made effect- 
ual so far as to secure to us an equal share at least of the naviga- 
tion. If England still continues to say that we have nothing to 
give her for admitting our money and ships in her East Indies ; 
we must say in return : Be it so if you tliink so ; but if you will not 
allow us to go and buy your East India fabrics, we will not allow 
them to be brought by you to our country, nor indeed will we allow 
them to be used or consumed by our people ; in a word, the letter 
and spirit of the law (which passed with great unanimity, and which 
never at any former time would have passed at all), closes our ports 
against British vessels from any British port or place closed against 
American vessels. 

I gave all my heart and all my strength, with all my hopes of suc- 
cess, to this measure, which in principle is incomparably the most 
important law ever passed on this, and perhaps on any other subject. 



Navigation Act. 



205 



England at this day, by the extension of her commercial stations 
throughout the world, and the application of her navigation law to this 
extension of dominion, has effectively monopolized a great portion 
of the navigation necessary to carry on the commerce of the world. 
As respects others she is now more disproportionately in possession 
of the general commerce of nations than the Dutch were in the 
middle of the seventeenth century ; and our laws must check her, 
as her navigation laws have checked and broken down the Dutch. 
Don't understand me that I expect or desire any breaking down of 
Engfand ; but I do hope that, if faithful to ourselves, we shall oblige 
England to let us in for a fair share of the general trade carried on 
between the nations of the earth. Farewell. 

Yours. R. K. 



CllAITKK v. 



JEREMIAH M.ASON TO RlEl'S KING. 

PoRTSMOlTH, .I/iJl 15. iSlS. 

Dear Sir, — I thank you for your letter of 21st April. I have 
understood from the first that the Navigation Act was yours. I am 
sensible of its importance, and am glad to learn that it accords with 
the public sentiment more universally than could have been ex- 
pected. To attain your object, probably other acts regulating the 
intercourse with certain licensed ports will be necessary. With that 
view the favorable inclination of the public opinion to the measure 
is very important, I think it is matter of deep regret that we have 
not a more able man as minister at London, to explain our objects 
and prevent irritation. From the importance and idle loquacity of 
the present minister little can be expected. 1 have been told you 
may have a reelection to the Senate, if you should be inclined to 
accept it. I most ardently wish that both you and your State may 
be so disposed. I am confident that a great portion of the best 
men in the county, and including very many of the better informed 
Democrats, would consider your absence from the public councils a 
national loss. I hope no ordinary consideration will induce you to 




Memoir of yeremiah Mason. 



CHAriER V. 



retire. In the breaking up of old party connections, and the conse- 
quent unsettled state of feelings and opinions, it is impossible to 
foresee what new views and objects may be speedily presented. 

Among orthodox candidates for the chief magistracy no one pre- 
sents a character eminently entided to pubHc confidence. I re- 
ceived, by your frank from Philadelphia, an English paper contain- 
in" a letter from our Governor Plumer to Mr. Bentham. The Gov- 
ernor certainly did not intend that letter for a newspaper. I think 
it is best he should hear of it before he makes his speech to the 
Legislature. There is, however, no danger of his doing any mischief 
in that matter. It is impossible to make our Legislature sufficiently 
understand Bentham's impracticable projects, to induce them to 
attempt their adoption. His Utopian plans are too deep, as well 
as abstract, to attract the attention of any of our Legislatures. Mr. 
Bentham, as I suppose you know, addressed a circular to all our gov- 
ernors, after having been rejected by Mr. Madison and the Emperor 
Alexander. His system, as far as I understand it, is the supposed 
result of reason, applied to the nature of man, without any regard 
to previous law, habits, and prejudices. This may suit metaphysi- 
cians, but would make sad work with everybody else. As the good 
people of Connecticut are about forming a new plan of government, 
I should like to see them try an experiment with Bentham's system. 
I am sincerely and faithfully yours, J. Mason. 

RUFUS KING TO JEREMIAH MASON. 

Jamaica, L. I., May 19, 1818. 
My DEAR Sir, — I received this evening your obliging letter of 
the 15th, and as my frank will expire to-morrow, I avail myself of it 
to make you my acknowledgments, and to say a few words on the 
subject of my continuance in the Senate. I am neither informed, 
nor curious to be so, whether there -is a disposition in our Legisla- 
ture to reappoint me. I shall neither decline nor solicit a reappoint- 
ment; and should that event happen, would continue to take my seat 



Mr. Gores Health. 



so long as my own comfort and convenience would permit me to 
do so. 

You are correct. Ulterior provisions may and probably will be 
requisite to carry the Navigation Act into effect. I with you regret 
that we are without an able man in England, and the more so as I 
have little or no expectation that England will view this law in the 
light that they ought to consider it ; they will be likely to look back 
to former acts intended to di.sserve them, which we have revoked 
because we found that they disserved ourselves. The present meas- 
ure rests upon this proposition, — the trade, or rather navigation, 
must be reciprocal, or it must not be allowed to exist. The greatest 
difficulty that I anticipate is in the regulation of the intercourse be- 
tween our frontiers arid the contiguous English provinces. The 
question is wholly untouched at present. We shall be better able 
hereafter to examine it, as well as the intercourse that will be car- 
ried on with the colonial free ports. Our next session may prob- 
ably be an interesting though short one. 

With regards to Mrs. Mason. I remain, my dear Sir, with great 
regard. Your obedient and faithful servant, 

Kuias King. 

JEREMIAH M.ASO.N TO lU'KlS KIN(J. 

Portsmouth, December 13, 1818. 

Mv DE.AR Sir, — If I had any sufficient apology for my negligence 
in having so long omitted to write you, I should not fail to avail 
myself of it ; as the matter is, I can only assure you, it has not been 
occasioned by any want of respect or affection. 

I know you must have been rejoiced to hear that Mr. Gore has, 
in some rrieasure, recovered his strength and health. I saw him in 
October, when he appeared much better in all respects than he has 
at any time since his sickness at Washington. .Mr. Webster, who 
was here a few days ago, says he continues to gain strength, and 
that his friends entertain hopes that he may recover the use of his 



207 



Chapter V. 



208 



Chapter V. 



Mevioir of ycremiah Mason. 



lame knee. If he does, I hope he will not again attempt the severe 
exercise he formerly used, and which I believe was injurious to him. 
Judge Story showed me last autumn a letter which he had received 
from your friend. Sir William Scott. The Judge had sent him sev- 
eral volumes of " Reports of Decisions in the Supreme Court of the 
United States," and I believe a volume of cases in the circuit. Sir 
William speaks of our courts in terms very civil and complimentary, 
and expresses his satisfaction at seeing certain principles acknowl- 
edo-ed, the application of some of which by him, we have heretofore 
supposed bore rather too hard on our neutral rights. He invites a 
continuance of the correspondence, with which the Judge is, as he 
oucht to be, much gratified. 

You had at the last session subjects of more interest and impor- 
tance under consideration than had been generally expected. The 
same is likely to be the case at the present session. The concerns 
of the nation are increasing, both in number and extent, with a 
rapidity far beyond ordinary calculation. The inquiry authorized 
by the House of Representatives into the doings of the Bank of the 
United States, excites considerable interest in this quarter, where 
all feeling on political subjects has for some time been apparently 
extinct. You know we are supposed to love money better than 
anything else. I do not perceive in what way that inquiry can do 
much good. I know but little of the doings of the Bank. In its 
origin, we supposed it was intended to be made in a special manner 
subservient to the views and interests of its patrons. I presume, 
from the stories of Bank speculations which are told, that object 
has been attained; this evil can be prevented by no other means 
that I perceive than a radical change in the direction, and I know 
not how that is to be effected, except by a change in the ownership 
of the stock ; this, if any remedy, must be a slow one. A miserable 
branch was established in this place and placed under the man- 
agement of officers and directors entirely unsuitable for the trust ; 
no application was made to anybody here worthy of confidence to 
name proper persons to take charge of it. I was appointed in the 



yackso7is Court Mai'tial. 



209 



first board of directors, at whose nomination I never knew nor 
inquired. Not liking the company they had associated me witli, I 
immediately declined having anything to do with it. 

From the " Proceedings of Jackson's Court Martial,"" it seems the 
two unfortunate men he executed were in no way guilty of the 
charge of having acted as spies. If so, I see no ground on which 
their execution is to be justified. I fear this hasty and sanguinary 
act will be found to be entirely unjustifiable. 

I do not know what credit to give the newspaper report, that a 
treaty is concluded with England, embracing all the points in dis- 
pute. From the notice in the President's message, that it had been 
agreed to extend the period of the duration of the present conven- 
tion, it was not expected a new treaty was so soon to be entered into. 
If such a treaty has been made, I presume your Navigation Act 
must have been greatly conducive to it. 

Mrs. Mason joins, me in best respects to Mrs. King, who, we are 
informed, is with you at Washington. 

I am, my dear Sir, as ever sincerely and faithfully yours, 

J. M.-\SON. 



Ch.\pter v. 



27 



Chapter VI. 



CHAPTER VI. 

Correspondence during the Years i8ig and 1820 — Letters to and from Mr. King, 
Mr. Gore, Mr. \Vebster, Dr. Appleton, and Judge Story. — Mr. Mason a member 
of the New Hampshire House of Representatives in 1820. — Report and Resolu- 
tions upon certain Resolutions of the State of Virginia upon the Admission of 
Missouri, sent to the Governor of New Hampshire. 

CHRISTOPHER GORE TO JEREMIAH WA.SON. 

Walth.am, yaiiuary 20, 18 19. 

A yr Y DEAR Sir, — You will perceive by Governor Brooks' speech, 
-'--'■ or rather message, that he has been induced to join in ho- 
sannas to the present administration, and to express an entire con- 
fidence in our national rulers. This may be presumed to have arisen 
from a disposition to conciliate Mr. Monroe's friends to the claim of 
Massachusetts for the reimbursement of her expenses in the last 
war. Its efficacy I doubt. It is not easy to discern, if the Legisla- 
ture respond to this sentiment as was intended how Massachusetts 
can have any other candidate for the Presidency at the next election, 
if power continues in the present hands. 

Mr. Adams seems to have taken the course in his essay on the 
Seminole war and the murder of Ambrister and Arbuthnot, — for 
I feel it to be this crime, — which his enemies would have pointed 
out to him as most calculated to promote their views.^ 

1 Arbutlinot ami Ambrister were two British subjects, tried by court martial for aiding and abet- 
ting the Seminoles in their war with the United States in iSiS. Arbuthnot was condemned to death, 
and Ambrister to be whipped and imprisoned ; but General Jackson ordered them both to be exe- 
cuted. This affair, which caused much excitement both in England and America, illustrates Gen- 
eral Jackson's iron will and reckless disregard of consequences, as well as the unbounded influence 
which he had acquired by his successful defense of New Orleans. Mr. Adams, to the regret of 
many of his friends, defended General Jackson's course. 



AlassacJuisetts Claim. 



If Mercer does justice to the subject, — and I am much inclined 
to hope and believe he will, — I think the noble Secretary will writhe 
under the lashes which he has most indiscreetly and unnecessarily 
courted. Your faithful friend, 

C. Gore. 

Jl-.KIMIAII MASiiN P 1 ( llKlMorilER GORE. 

Portsmouth, January t,\, 1819. 

Mv DEAR Sir, — I doubt whether Governor Brooks' lofty praise 
of iMr. Monroe will have much tendency to procure the allowance 
of your militia claim. The course adopted by the minority in your 
Senate will, in my opinion, have a much stronger tendency the other 
way. Had your Legislature humbled themselves before the Gov- 
ernment of the United States by adopting the resolution proposed 
by General King, it might have had some effect. It must be a con- 
siderable object with the Government of the United States to have 
the question concerning the command of the militia amicably set- 
tled in its favor. And the quiet, humble submission of Massachu- 
setts, the great State of this section and constant leader in all 
rebellions, would go far to settle it. As long as it shall be believed 
at Washington that you may be brought to this submission, your 
claim will not be admitted without it. Whether you would not by 
such course lose more in character than the money is worth, ought 
to be considered. I think the best way for the Federalists would 
have been, fairly to have met and discussed the subject in Congress, 
and if rejected, as it probably would have been, to have said no 
more about it. While the matter remains as it now does, the claim 
will be a standing bribe to the Federalists to degrade themselves, 
and if not effectual for that purpose, it will in the end bribe the 
good people of Massachusetts to elect rulers who can adopt the 
proposed resolution without feeling any degradation. I agree with 
you in opinion of the character of General Jackson's conduct, and 
am glad to see the subject taken up with so much spirit in the 



21 I 



Chapter VI. 



212 



Chapter VI. 



Memoir of yeremiah Mason. 



House of Representatives of the United States. I hope the debate 
will terminate in a censure of Jackson. I really think it a national 
concern. The barbarous conduct of Jackson and his court-martial, 
and not less barbarous doctrine by which it is attempted to be justi- 
fied, will, unless disclaimed, disgrace us in the opinion of the civil- 
ized world. My winter courts are just commencing, in which I ex- 
pect to be shut up for the ensuing five weeks. I do not greatly dis- 
like the labor of itself but, unfortunately, the subjects of litigation in 
our courts are for the most part too trivial and unimportant to ex- 
cite much interest. Mrs. Mason and Mary desire me to present to 
you and Mrs. Gore their kindest regards. 

I am sincerely and faithfully yours, J. Mason. 

JEREMIAH MASON TO RUFUS KING. 

Portsmouth, January 31, 18 19. 

My DEAR Sir, — Last summer I neglected my duty by omitting 
to write to you. In the first part of the present session of Congress, 
I did write to you, and on both occasions I have met with a like 
reward in your silence. 

The discussion, still going on as I suppose in the House of Rep- 
resentatives, concerning General Jackson and his court martial, ex- 
cites very considerable interest in this section of the countr}'. I am 
of opinion that Mr. Adams has lost credit with his New England 
friends, by his bold attempt at a justification. I think it unfortunate 
for him that he did not confine himself to the repelling of the com- 
plaint of Spain, where there seems to be much ground for recrimina- 
tion at least, without attempting so broad and entire justification 
of the whole transaction in all respects. I see no ground on which 
the execution of Arbuthnot and Ambrister can be justified, nor 
much in the circumstances of the case to excuse the act, which 
must, in the common opinion of mankind, be held to have been 
cruel and barbarous. I presume there is no real apprehension that 
Congress will attempt to obtain a forfeiture of the charter of the 



United States Bank. 



2 I 



Bank of the United States. The stock may now be purchased sev- 
eral per cent, below par. I am told it is the opinion of some 
shrewd men in money calculations, that it will soon rise again above 
par. It would seem probable this will be the case, if the direction 
gets into better hands, unless the concerns of the Bank have been 
so badly managed as to occasion a great eventual loss. I know you 
cannot have troubled yourself to have formed any opinion on this 
subject as to money-making projects, yet you probably have an 
opinion of what will be the result. If so I shall be obliged to you 
for it. I have thought of investing a sum of money in the stock of 
the Bank. What is the probability of a change in the Board of 
Directors at the next election .' 

With my best regards to Mrs. King, I am, as always. 

Sincerely and faithfully yours, 

J. Mason. 

DANIEL WEBSTER TO JEREMIAH MASON. 

Washington, February 4, 18 19. 
My dear Sir, — Since my arrival here, I have been all the time 
in court, and can therefore as yet say nothing more than I have 
seen and heard here. Most of the judges came here with opinions 
drawn in the College cause. On the other side a second argument, 
as you know, was e.xpected. Dr. Perkins had been a week at Bal- 
timore, conferring with Mr. Pinkney. Mr. Pinkney came up on 
Monday. On Tuesday morning, he being in court, as soon as the 
judges had taken their seats, the Chief Justice said that in vacation 
the judges had formed opinions in the College cause. He then 
immediately began reading his opinion, and, of course, nothing was 
said of a second argument. Five of the judges concurred in the 
result, and I believe most or all of them will give their opinions to 
the reporter. Nothing has been said in court about the other 
causes. Mr. Pinkney says he means to argue one of them ; but I 
think he will alter his mind. There is nothing left to argue on. 



Chaptkr VI. 



214 



Chapter VI. 



Memoir of Jeremiah Mason. 



The Chief Justice's opinion was in his own peculiar way. He rea- 
soned along from step to step; and, not referring to the cases, 
adopted the principles of them, and worked the whole into a close, 
connected, and very able argument. .Some of the other judges, I 
am told, have drawn opinions with more reference to authorities. 
Judge Bell's case I expect to come on in two or three days. I am 
alone in it, and must do as well as I can. I have not been in Con- 
o-ress ; and have seen very few members. The House is yet in the 
Seminole war; afterwards comes the Bank, and near to that, I think, 
comes the third of March. I do not think there is any chance for 
the Bankrupt Bill, or the Circuit Court Bill, this session. I have 
not seen Mr. King. It is not thought here that he will be reelected. 
I shall write you again, as soon as I have acquainted myself with 
the topics that float in the Congress circles. Mr. Bagot returns to 
England in the spring. Yours truly, 

Daniel Webster. 

rufus king to jeremiah mason. 

Cr.\wford's, February 7, 18 19. 

Dear Sir, — I received last evening your letter of the 31st past. 
As I in due course received that which you were good enough to 
write to me in the beginning of the session, I have had no reason 
for my omission in writing to you in return, not having anything 
of interest or importance, except what the newspapers publish, to 
communicate. I have, except the little tittle-tattle to you, written 
rarely to any one. 

The Jackson debate, which has been going on for three weeks, 
unless terminated last night, still continues, and it is quite likely that 
it will be also taken up in the Senate, though altogether against my 
inclination. I misinterpret very much the true meaning of this 
debate, if other objects than to criticize and censure Jackson have 
not a prevailing influence in the bringing it forward, and ascribing 
to it so much importance. The periodical election of President is 



The jfackson Debate. 



2 1 



without doubt the only plan by which the executive could, or should 
in the actual condition of the country, be provided, but it is not and 
cannot be doubted, that this election, except perhaps in rare in- 
stances, such as those of Washington and Jefferson, — will at all 
times employ the vigilance, awaken the hopes, and excite the pas- 
sions of a large portion of the public men of the nation ; and in a 
special manner will it have this effect on every question that rouses 
the passions or excites the prejudices which always exist in popular 
governments. 

Whether new combinations and positive efforts will show them- 
selves at the next election is more than I can determine ; but I 
think that the attempt to substitute a successor, is as likely to occur 
as not to occur. This must be left to the future. The Bank fever 
— for it really amounts to fever — is quite another affair. The bad 
administration of the officers of this company, the little fulfillment 
of the expectations and predictions that the projectors of the bank 
encouraged and made, the positive difficulties of the country by 
reason of the number of banks and the excess of paper, have pro- 
duced a very general dissatisfaction, and the disappointment is alto- 
gether ascribed to the Bank of the United States. 

You well understand how very few men have any correct notions 
on the subject of money as a currency ; and will therefore easily 
comprehend the confusion of ideas, the utter ignorance of a correct 
theory, as well as the rash and intemperate measures, which, in the 
present critical, and in my view dangerous condition of the currency 
may manifest them.selves. According to what I hear, the House of 
Representatives are without any guide or plan. They are angry 
and intemperate ; and the difficulties of the State banks, especially 
in the interior and western world, prepare most of the members 
from these quarters for any measures which would put down the 
Bank of the United States. Proposition on proposition unfavorable 
to the Bank, without a word from any one by way of excuse or sup- 
port, may, — and if the course be persisted in, probably will — shake 
the public confidence, and create a run on the bank and its branches 



Chapter VI. 



2 l6 



Memoir of J eremiah Mason. 



Chapter VI. 



which they may be unable to meet. If the Bank of the United States 
stop, all the other banks south of New England must stop also, and 
we may be thrown into even a worse condition than we were at 
the close of the war. My own wish has been that the stockholders 
should be convened ; that they should purge the direction of all 
the speculators and stock-jobbers ; that they should apply for author- 
ity to reduce their capital, which might be done without difficulty 
to the amount of the hypothecated shares (some eight or ten millions) ; 
that the President in cooperation with the stock holders, should 
name four men of very respectable standing as the government di- 
rectors, and that the new board should go to work soberly, dili- 
gendy, and with all the information which they possessed or could 
acquire, to administer the Bank with prudence, and so that it might 
in some satisfactory degree fulfill the expectations of the government 
and the public. But whether this or any other good course will be 
adopted, I am unable to say ; or whether the House of Representa- 
tives may not disapprove every attempt to correct the past errors 
and mistakes which have been committed, is beyond my power to 
predict. I say nothing of the Senate, where the subject is scarcely 
spoken of. The Jackson case engages much of their attention ; and 
if I read men correctly a majority of the Senate, some from one, 
others from another motive, would pass a vote of censure on Jack- 
son, thereby imparting censure to the President, and his minister 
Mr. Adams. 

You will see the new treaty with England. This being effected, 
Mr. Bagot, having obtained leave of absence, is soon to return home ; 
as the Wellingtons are in great consideration — through them he 
may expect a more agreeable mission. 

From France we have nothing, and I believe expect nothing. 
It is said Gallatin desires to come home ; it has been said so for a 
year or more, but he has not asked for leave. 

Ervins is cominsr home from Madrid. He asked leave of absence 
on account of health — it will be granted, and he will be laid by. 



Treaty ivitli Spain. 



217 



Forsyth will succeed him, and will be nominated at the close of this 
session. 

Don Onis has received further instructions, by which he is 
authorized to yield the Floridas, the United States taking their 
claimants off from Spain and engaging to satisfy them; and instead 
of the line of the Sabine from its mouth to its source, and thence 
north to the Missouri, and up the same to the Rocky Mountains, 
and along the Rocky Mountains north or south to the forty-first 
degree of latitude, and on that parallel to the Pacific, heretofore 
offered by Spain as our western and southern boundary, Don Onis 
is said to be now authorized to take the Sabine from its mouth to 
its source, thence north to the Red River, and up the same to cer- 
tain high lands far west, along the same northerly to the Arkansas 
River, up the same to the Rpcky Mountains, along the same north- 
erly to the forty-first degree, and so to the ocean on that parallel. 

It is said the Western people here object, and insist on going 
west on the Gulf of Mexico, to the Colorado River. What are the 
views of the Executive, I do not know ; but I have not the smallest 
hesitation in the opinion that we ought immediately to conclude 
with Spain on this boundar)-. We have enough, more than enough 
of western territory, and it is the highest imprudence to grasp at 
more. Having settled the north boundary of Louisiana with Eng- 
land, our people cannot be restrained from emigrating further and 
further to the West. Two, three, some say five regiments are to be 
sent to the mouth of the Yellow Stone River, which constitutes the 
great fork of the Missouri ; this fork is about fourteen degrees of 
longitude west of the Mississippi, which is about thirteen degrees 
west of this place. 

The first consequence of this unnecessary project will be an 
Indian war; and it will be the most formidable Indian war in point 
of numbers in which we have been engaged ; but as these Indians 
are badly armed, and their country an open one, they will be beaten 
and the regular army with the numerous body of militia will take 
a liking to the country, which they will begin to settle, and the 



Chaiter VI. 



2l8 



CUMTF.K VI. 



Mcvioir of yere7niah Mason. 



money expended by the old States will enable them to do so with- 
out great inconvenience; especially as the Indian war that will be 
long and moderate, will continue to furnish the requisite supplies. 
The demands and strength of the West are increasing daily, and 
the vigor, decision, and union of the old States decrease in a fully 
ecjual degree. I could give you an interesting potion on this sub- 
ject; but if there be none who care for what is going on, why should 
one endeavor to excite solicitudes which would be useless and 
therefore should not be intended. 

I am at the end of my paper, so farewell, 

RuFus King. 

DANIEL WEBSTER TO JEREMIAH MASON. 

Washington, Fihruary 15, 18 19. 

My dear Sir, — I am determined to write you a letter before I 
sleep, although this doing nothing I find to be the most busy em- 
ployment on earth. To talk is so much the practice, that in the 
few causes I have, I find my attention wholly engaged in listening. 
We have, for instance, an equity case here from Massachusetts 
District. Mr. Bigclovv, Mr. Amory, and myself argued it in half a 
day in Boston. It comes up here on precisely the same papers and 
same points. We have now been two whole days upon it, and 
Wirt is not yet through for appellee, and I am yet to close for ap- 
pellant. In Mr. Bell's case, Mr. Pinkney was near two hours in 
opening, and full four in the close. In that case we have no 
judgment yet. I think some impression was made on our side, and 
I have hopes of the issue, but know nothing certain. 

I believe the terms of a treaty are nearly settled with Don Onis. 
United States to have Florida, and to pay our own citizens their 
claims on Spain, not exceeding five and a half millions. Our Gov- 
ernment to appoint a Board of Commissioners to adjust their 
claims. The Western boundary I do not know ; suppose, how- 
ever, that the mouth of the Sabine on the Gulf, and somewhere 



Cases be/ore tJie Supreme Court. 



near the mouth of Columbia River on the Pacific, are the termini. 
How to run from point to point, I know not. I have no doubt the 
signing of such a treaty will be announced before Congress rises, 
though at present it is not wished, I understand, that much should 
be said about it. The judges' salaries have got through the House. 
Their fate in the Senate is uncertain, but I think they will get 
through. The heads of departments will not wish to trust the bill 
back in the House again. 

The Circuit Court Bill, it seems generally understood, will not 
be brought forward this session. Upon the whole, I am satisfied it 
should not be. Nothing has been as yet done with the Bankruptcy, 
and it seems too late to do anything. The question is before the 
Court whether the State Bankrupt Laws are valid. The general 
opinion is, that the six judges now here will be equally divided on 
the point. I confess, however, I have a strong suspicion there will 
be an opinion, and that that opinion will be against the .State laws. 
If there were time remaining, the decision, should it happen, might 
help through the bill. The question between Maryland and the 
Bank, is to be argued this day week. I have no doubt of the result. 
Wirt and Pinkney still talk of arguing one of the College causes. 
On our side we smile at this, not being able to supjjose them 
serious. I hope they will not attempt it, as it would only lead to 
embarrassment about the facts. 1 should have no fears for the 
result. I am anxious to know how the decision is received in New 
England. Our New Hampshire members behaved very well on 
the subject of the judges" salaries, notwithstanding this decision. 
Mr. Swan made a speech, and it is said a very good one, in their 
favor. Holmes opposed them with great violence. I wrote Judge 
Bell yesterday. You may say to him that nothing has occurred 
to-day indicative of a decision, 

Yours very truly, D. Webster. 



19 



ClIAITl K VI. 



220 



ClIAPTEU YI. 



Mejnoir of yeremiah Mason. 



RUFUS KING TO JEREMIAH MASON. 

Washington, February 20, 1819. 

Dear Sir, — Some time since I wrote to you a letter, too long 
and too unimportant to be worth your deciphering. I now add a 
few lines to say that the treaty with Don Onis is settled, and the 
copies are preparing for signature on the 2 2d, when it will be laid 
before the Senate. 

Spain cedes the Floridas in sovereignty, and in consideration of 
this the United States release Spain from all claims by American 
citizens on account of illegal captures, condemnations, etc., etc., and 
engage to satisfy these claims to an amount not exceeding five mill- 
ions "of dollars. A commission to be established. The commis- 
sioners to be appointed by the President and Senate to liquidate 
and if necessary to apportion these claims. The boundary to be as 
follows : Beginning at the mouth of the Sabine River up the same 
to its source, then north to the Red River and up the same to the 
one hundredth degree of west longitude, thence north to the Arkan- 
sas River, and up the same to its source in the Rocky Mountains, and 
then north or south, as requisite, to the forty-second degree of north 
latitude and along this parallel to the Pacific Ocean. An article 
respecting the delivery of seamen deserting from the vessels of the 
two parties is also inserted in the treaty. The settlement is one of 
much importance, as it will compose the temper of the zealous and 
turbulent men of the West who desire and would gladly engage in 
a Spanish war. As respects land, the Floridas we want ; of lands 
in the West we have already more than enough. 

I some time since made a motion to abolish all credit in the future 
sale of the public lands, A bill for this purpose has passed the 
Senate, to take effect in July 1820. It should have been on the ist 
of January next, and I am in hopes the House of Representatives 
will fix on this day. 

Already a debt of about fifteen million dollars is contracted. 
The debtors are scattered through and indeed compose the popula- 



TJie Dartmouth College Case 



tion of four or five new States. Nine laws have in annual succession 
passed to postpone payments when due. A tenth is on its passage, 
and duriner the session a motion was made in the Senate to strike 
off the interest on the debt. Postponement is matter of course, 
abatement of interest would follow, and ultimately the release of the 
debt or separation. 

I consider the confining all future sales to cash payment the most 
important law that has been passed for several years. 

Very faithfully your obedient servant, 

RuFus King. 

DANIEL WEBSTER TO JEREMIAH MASON. 

Was HI NCI ON, February 23. 18 19. 

.Mv DEAR Sir, — I received yours yesterday, enclosing a column 
of the " New Hampshire Gazette." The piece was probably written 

either by or the . The "Concord Patriot," I perceive, is 

full of stuff equally bad or worse. This is disreputable to our part 
of the country, and on that account is to be lamented. It will do 
no hurt here. Depend upon it the fate of the cause is fixed in this 
court. Messrs. Pinkney and Wirt talk of arguing one of the other 
causes when we reach them. Perhaps they will, but I very much 
doubt it. As to their facts which they say are new, they will, I 
apprehend, be told that if admitted, they would not alter the result; 
and in the ne.vt place that the court considers the recital of the 
charter as conclusive upon the facts contained in it. I hope we 
shall get to the causes in about a week ; and although Mr. Pinkney 
speaks of wishing the argument to be ne.Kt year, I shall endeavor 
to press the causes through to a final decision now. The unanimity 
of the court gives it great strength ; and they will be, if I mistake 
not, not at all inclined to leave the cause under any doubt what- 
ever. In Judge Bell's case, the event is exceedingly doubtful. My 
belief is, there is a division on the bench. You may take it for true, 
at present, that Ch. J. L., and J., are in favor of l>ell ; W'., l)., and 



2 2 I 



Chapter VI. 



20 o 



Memoir of yci^emiah Mason. 



Chapter VI. 



S., contra. It is not worth while to mention this, even to Mr. Bell. 
It is possible that further reflection may bring a majority to think 
alike, but I am fearful it must stand over and be argued again be- 
fore Todd. You observed the fate of the Insolvent Laws. The 
case between Maryland and the Bank is now on the carpet. I said 
what belonged to me yesterday. Hopkinson answered. It will be 
further argued by Mr. Pinkney and Mr. Wirt on our side, and by 
Jones and Martin for the State ; of the decision I have no doubt. 
We had a favorable decision yesterday in United States vs. Rice, 
about the goods imported into Castine, while the British held that 
town. There will be nothing done against the bank. Lowndes' 
speech on Saturday shook the facts of the report essentially. I do 
not believe there will be fifty votes for doing anything. A treaty 
is concluded with Spain. The Floridas are ours. It will be speed- 
ily known. The treaty is now before the Senate. The Senate are 
very likely yet to censure Jackson. Goldsborough says there is a 
settled majority for doing so. Our great friend, however, will be 
the other way. It is said he was consulted on the subject last sum- 
mer. Nothing has been said of the Judiciary Bill. It will probably 
not be stirred; yet it is possible it may, but I think the chance very 
small. I have something to tell you when I see you on that subject, 
which will make you laugh. 

I beg you to give my love to Mrs. Mason and Mary, and all the 
children. I begin to be anxious to get off. A month is as long as 
Washington wears well. I hope to get away by the 5th or 6th of 
March. • Yours very truly, 

D. Webster. 

DANIEL WEUSTER TO JEREMI.VII MASON. 

Boston, April it,, 18 19. 

My DEAR Sir, — . . . . I was yesterday at Salem. Judge Story has 
lost a daughter (the one who has so long been an invalid), and Mrs. 
Story is quite unwell but convalescent. He says he wishes the 



TJie Dartmouth Coi/eo-e duise. 

<7> 



223 



circuit had commenced, that he might have employment and occu- 
pation. As to the College Cause, you may depend on it that there 
will be difficulty in getting delay in that case, without reason. I 
flatter myself the judge will tell the defendants, that the new facts 
which they talk of, were presented to the minds of the judges at 
Washington, and that, if all proved, they would not have the least 
effect on the opinion of any judge; tiiat unless it can be proved 
that the king did not grant such a charter as the special >?erdict 
recites, or that the New Hampshire (ienerai Court did not pass 
such acts as are therein contained, no material alteration of the case 
can be made. Our course will be to resist the introduction of evi- 
dence — on the ground of immateriality, — being very liberal as to 
the sort of evidence which we care for, provided the facts proposed 
to be proved be admissible. Let Mr. Bartlett continue to under- 
stand that we shall resist all delay. You may take another thing 
for true, — Pinkney sent back this cause to get rid of it. He talked, 
however, and blustered, because among other reasons the party was 
in a fever and he must do something for his fees. As he could not 
talk in court, he therefore talked out of court. I believe his course 
is understood. Let us hope for the best, and by all means oppose 
protraction. Yours truly, 

D. Wewstf.k. 

N. B. To take away pretense of delay, suppose you tell Bartlett 
that we shall not require strict proof of any known fact if the court 
should think the fact material. 



JEREMIAH MASON TO RLFl'S KING. 

Portsmouth, ^w^/j/ t, 1819. 
My DKAk -Sik, — I trust you will not think me improperly intru- 
sive when I beg leave to offer you my most sincere condolence on 
the occasion of your late severe bereavement.' I should have done 

' The death of Mrs. King. 



Chapter VI. 



224 



Memoir of yeremiah Mason. 



Chapter VI. 



SO sooner, but I felt unwilling to break in upon your deep affliction. 
I know that your habitual mastery of your feelings and discipline 
of your temper which I have supposed you possessed in an extraor- 
dinary degree, will enable you much better than anything I can 
suggest, to bear with equanimity and fortitude your present suffer- 
ings however afrievous. 

If the sympathy of the most cordial friendship can afford you a 
momentary consolation, be assured, riiy dear Sir, you have it; your 
uniform kindness to me excited a gratitude and friendship which I 
shall continue to feel while any feelings remain. 

I am sincerely and faithfully yours, 

J. Mason. 

REV. JESSE AITLETON, I). IX, TO JEREMIAH MASON. 

Brunswick, August ii, 1819. 

My dear Brother, — I write to you under the influence of those 
grateful and affectionate feelings which your kindness in general, 
particularly that which you have recently manifested, tends to ex- 
cite. Conscious that during the years of our frequent intercourse 
we have introduced much more seldom than we ought that subject 
wliich infinitely more than all others concerns us both. I would 
make some amends for it at this late period by writing with free- 
dom what I know you will read with seriousness and candor. 

I now view myself, as you know, at no great distance from the 
eternal world. Infinitely important consideration ! I can therefore 
better than ever judge of the value of religion, though on account 
of its increasing apparent magnitude, find myself less than ever able 
to e.xpress that value. My present object is, ni)? dear Sir, to press 
this subject on your attention. 

Permit me to remind you that the elevated talents which you 
possess, carry with them no ordinary portion of responsibility, and 
render religion to you, both as it respects your personal security 
and salvation, and your influence on others, really of more moment 



Dr. Apple tons Letter 



than it is to ordinary men. Your talents and general deportment 
have acquired for you a great influence with the jDublic. Should 
this be thrown with decision on the side of religion, how happy, in 
all probability, would be the result. 

Not doubting that you consider the Scriptures as the word of 
God, I do most earnestly and affectionately entreat you by humble 
and devout study of them, to ascertain what are the conditions of 
being saved, and further to bestow on the subject of your own salva- 
tion that attention which its vast importance so evidently demands. 
This, my dear brother, is only an appeal to reason, — only a request 
that objects may be regarded according to their real worth. We 
have polluted hearts, which must be changed by the power of divine 
grace. 

Atii^usl 12. — Since writing what goes before, 1 have been 
reminded that my time is short, as I have raised much bloody mat- 
ter and considerable fresh blood, all which I have no doubt came 
from the lungs. 

Allow me to suggest that thf)ugh at present you are in great 
prosperity, it must at some period terminate. Your friend Mr. 
King is depressed, you informed me, by the loss of his wife. Your 
friend Mr. Gore is laboring under a painful, perhaps fatal disease. 
I mention this to show that earthly hapj^ness must not content us, 
it will soon vanish. The soul, my dear brother, and eternity, are 
the objects for which we must chiefly provide. 

When we took leave a few days since, you kindly said, " God 
grant I may see you again, and in better health." This desire, I 
think, will not be granted, but God will do well. 1 desire humbly 
to submit to his will. I desire humbly to throw myself at the 
Saviour's feet, disclaiming most emphatically every hope of justifi- 
cation but through his all-sufficient atonement. Give my affection- 
ate love to Sister Mason and the children. 

And now, dear Sir, God grant I may see you and in a better 
world ! Your affectionate and grateful Brother, 

J. Airi.ETON. 

29 



225 



ClIAI'lKR VI. 



226 



Alemoir of ycremiah Mason. 



Chapter VI. 



October 2. 

My dear Sir, — When the preceding was written, viewing 
death as quite near, I had designed that the letter should not be 
sent till after that event should occur. In great mercy God is pre- 
serving me and rendering me on the whole rather more comfort- 
able than I was at Commencement. Under the influence of the 
same affections which dictated the letter, I now send it, praying that 
its contents may appear as important to you as they do to me. 
While I feel an interest in anything of an earthly nature, I shall 
not be insensible to the welfare of my friends. Any information 
concerning yourself and family, especially George (who promises 
very abundantly in a kind letter to me), will be highly acceptable. 

JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. 

Portsmouth, October ii, 1819. 

My DEAR Brother, — I am fully sensible of the value of your 
kind and very interesting letter, and return you my most hearty 
thanks for it. During the long friendly intercourse from our first 
acquaintance in which I have always considered myself your debtor, 
I recollect no act on your part which makes so strong a claim to 
my gratitude as the present. I know that I have been too inatten- 
tive to the great and important subject of religion. I have occasion- 
ally thought of it with some degree of serious earnestness. But I 
must admit that I have neglected to bestow on it that ardent and 
habitual attention which its vast importance demands. I have 
found it much easier to make resolutions than to observe them. I 
hope and trust that the resolutions which I shall make in compli- 
ance with your friendly solicitations will be better observed and 
have more permanent effects. 

When I parted with you I entertained hopes (though I confess 
they were not sanguine) of your recovery. From all the accounts 
which I have since seen and heard my hopes are considerably in- 
creased. I understand your physicians do not think it expedient 



United States Bank. 



that you should attempt to get into a milder climate for the ensuing 
winter, and that your opinion accords with them. If those who are 
most competent to judge continue to think so I have nothing to 
say. But should anything occur to change this opinion, I hope 
you will not permit any consideration of the expense to affect your 
determination. That may certainly be provided for without any 
difficulty. 

I have just received a very pressing invitation from Mr. Gore to 
make him a visit. Mr. King is now with him at W'altham. I am 
very desirous of seeing both of them, and intend to go there and to 
Boston this week. Mrs. Mason will accompany me. 

Since he has been at home George ha.s done quite as well as I 
had any reason to e.xpect. He has been sufficiently diligent in his 
studies and more docile and tractable than I exjx'cted. 

Mrs. Mason and all the children desire to be affectionately 
remembered to you. 

I am, my dear Sir, sincerely and faithfully yours, 

' ]. M.ASON. 

DAMKI. WKIISTEK TO JKKL.M lAII MASON. 

IJii.sTDN, Xovtiitbt-r 15, 1819. 

Mv DEAK Sik, — (Jur family is in such a condition, as to health, 
that I do not see how it is jjos.sible for us to visit you this week. 
Our little girl has been sick and is now not well ; and one of our 
domestics has a settled and very severe and dangerous typhus fever. 
Dr. Warren thinks her symptoms better to-day, although she is 
yet in danger. I regret this disappointment the more as there arc 
some topics about which I wish to confer with you. The principal 
one is the Bank. All that was publicly done vou have seen. Mr. 
Sears tells me, and wishes me to inform you, that there is no inten- 
tion of discontinuing the New Hami)shire Branch. Perhaps you 
will not think it worth while to say much about this, however, at 
present. Our people here are making exertions to collect proxies, 



227 



ClIAITKR VI. 



228 



Chaptek VI. 



Meinoii'- of yeraniah Mason. 



witli a view to the election, the first of January, and we beg you to 
look out for the New Hampshire votes. A list of directors was 
pretty much agreed on, at least for the Northern States, at Philadel- 
phia. It is intended that New York and Massachusetts shall have 
three each: New York, — Bronson. Gracie, and Bayard, probably. 
Massachusetts, — Lloyd, Silsbee, and, inirabile dictti, D. W. ! This 
last they will be laughed out of the notion of, and therefore pray 
say not a word about it. Our proxies here will be given to Mr. 
Lloyd or Mr. Silsbee, both of whom will attend the election. They 
should be with power of substitution, lest accident should happen. 
It is thought here, that the jjrescnt is a favorable time to introduce 
a* proper management into the Bank, and I think you will be of 
that opinion. Will you write me on the subject, and let me know 
what number of votes may be calculated on in New Hampshire. It 
is not thought probable that any opposition will be made to the 
ticket which will be proposed. But it will be well to be prepared 
against surprise. 

Wednesday. — We see with immense pain, the annunciation of 
the death of Dr. Appleton. Few men have made a short life more 
useful, and his friends must derive great consolation from that 
reflection. 

I have seen Stuart. He says the pictures shall be completed this 
week. 1 think they may be, perhaps, next. 

Let us hear from you. Yours as usual, 

U. Webster. 

JEREMIAH MASON TO JOSEri! STORV. 

Portsmouth, Novcmlvr 19, 18 19. 

My DEAR Sir, — I received a letter yesterday from Mr. Webster, 
saying that the indisposition of one of their children and the sick- 
ness of a domestic, would prevent their making us the promised 
visit at this time in company with you. I hope this will not be the 
occasion of our being disappointed of your visit also. You have 



Death of Dr. Appleton. 



229 



probably seen in the newspapers, notice of the death of Dr. Apple- 
ton, our dear friend and relation. We are somewhat depressed by 
this event, but shall not for that cause be the less glad to see you. 
My acquaintance and friendship with Dr. Appleton is of twenty 
years' standing. During a great portion of that time our intercourse 
was very frequent and intimate. He possessed one of the most 
powerful and best ordered minds I have ever met with. The loss 
will be deeply felt by his friends, and I think extensively by that 
part of the public to which he was known. With best regards to 
Mrs. Story in which I am joined by Mrs. Mason, and in an ex- 
pectation of soon seeing you, I am dear .Sir, 

Sincerely yours, J. Mason. 

JERKMIAII MASUN TO MRS. Al'PLETU.V. 

PoRPSMouTH, iVoT<rmf>er 23, 18 k;- 

Mv DEAR Sister, — 1 most sincerely sympathize with you in your 
present affliction. 1 am fully sensible the loss you have sustained 
is of no ordinary magnitude. I feel it severely myself It is felt 
deeply and extensively by the public at large. All who knew him 
-com to unite in considering the death of vour dear husband as a 
public loss. Although your friends and even the public sympathize 
with you I know you have peculiar cause of grief The tcnderest 
ties by which human beings can be connected are dissolved, and he 
in whom your sanguine hopes and expectations of human hajipincss 
were centred is taken from you in the midst of his days. It ought, 
however, to be matter of some consolation that although his life 
was short, it was eminently useful, and that few men with how- 
ever long lives have done more for the benefit of mankind. But 
your chief and great consolation must be derived from that holy 
religion the duties of which he so ably explained and which, I trust, 
you well know how to practice. It would be unreasonable to ex- 
pect that one afflicted as you are should not to a certain extent in- 
dulge their sadness and grief You must, however, remember that 



Chapter VI. 



230 



Chapter VI. 



Memoir of yeremiah Mason. 



important duties remain for you to perform, and that you must not 
by the immoderate indulgence of sorrow disable yourself to dis- 
charge them. I know your sensibility, and mean only to caution 
vou against any excessive indulgence of your feelings. There is 
danger it may become habitual and uncontrollable. I entreat you 
also to indulge no extravagant feelings of anxiety for the situation 
of your children. I doubt not sufficient means will be found for 
educating and providing for them. You will certainly be specially 
careful of your own health. 

It is my intention to come and see you some time in the course 
of the winter. If in the mean time I can do anything for you I 
wish you to mention it. Or if there is any particular reason why 
you wish me to come to Brunswick soon I will endeavor to come. 
I presume you have no thoughts of changing your present situation 
before spring. With kindest regards to Mrs. Ellis and the children, 
in which Mrs. Mason desires to join with me, 

I am your most affectionate brother, 

J. Mason. 

JEREMIAH MASOX TO JOSEPH STORY. 

Portsmouth, December a,, 1819. 

My dear Sir, — We are exceedingly sorry that you and Mrs. 
Story could not make us the visit which wc had anticipated with so 
much pleasure. This disappointment it seems must be set down 
to the score of misfortunes occasioned by your having bad district 
attorneys. You say you will yet come to Portsmouth, if you have 
a day's leisure. I really hope you will. I am very desirous of see- 
ing you before you go to Washington. Be so good as to drop me 
a line a day or two before you come, so that I may not be absent. 
I shall be in town for several ensuing weeks, except occasional 
avocations for a single day. I have just read the newspaper 
account of the doings of the meeting at Boston yesterday on the 
important subject of the extension of slavery to new States. I 



Missouri Slave Question. 231 



suppose you were there. I hope such meetings will be held in all chaiterVI. 
the chief places in New England and the north part of the United 
States. We are to have one here ne.xt Wednesday. There seems 
to be here, as I trust there must be in all the non-slaveholding 
States, great unanimity. I have however been informed that Judge 
Woodbury has expressed doubts of the constitutional power of ! 
the Legislature. ' 

With great esteem, sincerely yours, J. M.\son. 

! 
JEREMIAH .MASON TO RUFL'S KI.NT,. ' 

Portsmouth, December 15, 1S19. 

Mv DEAR Sir, — I thank you for the copy of your speech on the 
Missouri Slave Question which you so kindly sent me. I am glad 
to have this, as I had lent and lost one, previously sent me, together 
with the doings of the public meeting at New York. You have ' 
certainly explained the subject in a most lucid manner, and as I 
think put at rest, as far as argument and reasoning can do it, all 
doubts as to the constitutional power of Congress ; and if Congress 
has the power it would seem that no one who consulted the interest I 
of the nation at large, could doubt the expediency of exercising it I 
on the present occasion. This question has latterly attracted great 
attention and caused considerable excitement in the public mind in 
this quarter. We had a meeting in this town yesterday. .A slight 
attempt to prevent it was made by a few demagogues, fearing a loss 
of influence from a union of parties on this subject and also bv 
some of the person.il friends of Mr. Parrott, now a Senator, for this 
State, who at the last session voted in the House of Representatives 
on the wrong side of the question. The attempt failed. The 
meeting was well attended, and included nearly all in any degree 
competent to form an oiiinion on the matter under consideration. 
Considerable pains were taken to have the subject in some of 
its important bearings understood ; the result was a unanimous ' 
opinion, with the exception of two or three dissentients only, that 



232 



Memoir of jfcreiJiiah Mason. 



Chapter VI, 



Congress possess the power and ought to exercise it. Meetings 
are notified in various parts of this State. The expression of pub- 
lic opinion in New England, will probably be sufficiently strong not 
only to confirm those of our members of Congress who were pre- 
disposed to act right, but also to bring back some, who at the last 
session were wrong. 

I hope that some of the State legislatures which now are or 
soon will be in session, will take this subject into consideration, and 
expose at large the monstrous immorality and consequent national 
disgrace of permitting the further extension of slaver}'. This can- 
not, as you intimate, be advantageously discussed in Congress. Can- 
not this be done in the Legislature of Pennsylvania which is now 
in session .'' 

I am with great respect, your faithful and obedient servant, 

J. Mason. 

CHRISTOPHER GORE TO JEREMIAH MASON. 

Walth.am, Deumber 28, 1819. 

My dear Sir, — I am pleased that in New Hampshire the peo- 
ple have expressed their opinion on the Missouri Question ; and in 
addition to the expression by towns and districts, in Massachusetts, 
I hope our Legislature will pass resolutions intimating their desire 
for the exclusion of slavery. It is the more necessary, as some of 
our dclesation were in favor of the bill, without the amendment. 

The appearances are much in favor of Mr. King's election to the 
Senate, which for the public good 1 earnestly wish may take place, 
and I should believe that the attendance at Washington would 
promote his happiness. 

That the chief may not have told all the truth in relation to Spain, 
is very probable, and though I never gave credit to all that Giles 
used to say, I think it likely there was less falsehood in his asser- 
tions on this subject than on many others. Our boys^ are now at 

' Mr. Gore's nephews, William and Edward Payne. 



Captain jfo/in Mason. 



home. They say they dined on Thanksgiving Day with Governor 
! Oilman. 

Congress, we are told by the public papers, contains many men of 
business. I venture to predict it includes more men of talk, and they 
seem to have many subjects of great fertility on which to try the 
strength of their lungs. . . . 

With our affectionate regards to your wife and daughter, 

1 remain your faithful friend, C. Gore. 

JKREMI.Mt M.\SON TO CIIRISTOH1ER GORE. 

Portsmouth, January 2, iSjo. 

Mv DE.\R Sir, — I thank you for the volume of the collections 
of your Historical Society. It remained in Boston till last week, 
together with your letter, for want of a convenient conveyance. I do 
— as it was natural for you to suppose, from the evidence I always 
exhibit — claim descent from the "tall and portly" Captain John 
Mason. 1 well recollect reading the narrative contained in this 
volume, many years ago, in Connecticut, and I have lately taken 
some pains, without success, to obtain a copy of it. Trumbull, in 
his " History of Connecticut," states from this same narrative, very 
minutely, the circumstances of the famous Pcquot battle, and adds 
many facts tending to show the justice and necessity of the war 
on our part. My brave ancestor certainly used harsh means to 
destroy the unfortunate Indians. But if the danger and distress 
of the infant colony were as great and imminent as represented 
(which I see no reason to doubt), an apology, if not a justification 
is furnished, for the seeming cruelty and inhumanity. Whenever 
I have read this account I have been gratified by the evidence it 
furnishes of his adroit conduct and e.vtraordinary bravery. But I 
could never suppress a strong wish, that he had been able to effect 
his object in some way more consistent with humane feelings than 
that of burning his enemies. It must be admitted that the poor 
Indians have, in most parts of the country, experienced a cruel 



233 



Chaiter VI. 



234 



Memoir of Jereiniah Alason. 



Chapter VI. 



fate, from the time of their first acquaintance with us. You prob- 
ably noticed the praise bestowed on Uncas, the Sachem of the 
Mohcgans. This battle secured to my ancestor the admiration and 
friendship of the Indian chief, who granted him several very exten- 
sive tracts of land, in the Colony of Connecticut, and these grants 
entailed on his descendants a set of lawsuits with that colony, 
which lasted, as Trumbull says, seventy years. An appeal was 
carried to the King and Council in England, and there determined 
against them, a few years before the Revolutionary War. I have 
often heard my father talk of this land claim and great lawsuits. 
He had no direct interest in it. It belonged, to an elder branch of 
the family. But I suppose he expected some advantage in case of 
success, as he contributed considerable money to assist in carrying 
on the lawsuit, which he said was finally lost for want of good 
management. When you have read this long story, I dare say you 
will sincerely repent of having sent me the book which has led 
me to inflict so much fatigue on you. 

I agree with you, that it is desirable that your Legislature should 
express their opinion on the Missouri Question. I hope the Legis- 
lature of New York will also do the same. It would be mortifying 
to have this important question determined against us, by reason 
of a defection of our own members of Congress, when we are 
clearly right in principle, and have so great an interest in the issue. 
And there is danger that such will be the result, unless prevented 
by a full expression of jDublic opinion in the non-slaveholding 
States. 

It is said the wise men at Washington are divided in opinion 
in relation to Spanish affairs. Some doubt the wisdom of execut- 
ing a treaty before it is made. 

Virginia is certainly determined to be again in opposition to the 
General Government. If her new batch of resolutions pass, I hope 
they will be immediately answered by both Massachusetts and 
New York. That which instructs her representatives and Senators 
in Congress to give their assent to no laws unless strictly conso- 



The Missouri Question. 



nant to the principles of Mr. Madison's resolutions of 1798-99, 
exceeds in arrogance anything ever before attempted. 

I rejoice to learn from your last letter, that both you and Mrs. 
Gore are on the recovery. Mrs. Mason and Mary desire their 
affectionate respects to her and yourself. 

I am, dear Sir, truly yours, J. Mason. 

CHRISTOPHER GORE TO JEREMIAH MASOX. 

Wai.THAM, yaituary 9, i8jo. 

Mv DEAR Sir, — I am in hopes that our Legislature will express 
their sense in a very decided manner on the Missouri Question. 
There is some strange and as yet some unaccountable conduct 
among our printers on this subject. I, at an early date after its 
publication, received a corrected copy of Mr. King's speech ; this I 
sent to Mr. Webster, saying that I should have endeavored to pro- 
cure its insertion in the " Repertory," but Mr. Hale had at several 
times declined to publish pieces for me on politics and literature 
which prevented mc from offering it to him. Finding that W. did 
not think worth while to obtain its ajjpearance in that paper, I sent 
it to the printer of the " Centincl," who, after my note was gone 
from nij, but before it had reached him, requested the speech that 
he might print it. He acknowledged my note, inserted my recom- 
mendation, and promised to have it printed. He omitted to do it, 
and says the omission is at the request of friends to the good cause. 

The argument is conclusive in my mind, and entirely free from 
everything that could embarrass the question, or excite any per- 
sonal prejudices. 

Considering this strange course, I am prepared to meet any 
disposition of the Legislature, while I feel the subject to be of 
greater importance to the character of the nation, and the political 
power of New England, than any before Congress. One would have 
thought Virginia possessed her share of power in the United States, 
but she admits no rival near the t-hrone, and is determined that the 






ClIAlTER \T. 



2^6 



Memoir of yeremiah Alason. 



Chapter VI. 



construction of her Legislature shall exclusively control the Con- 
stitution. 

Mrs. Gore and myself are both in better health than when I 
last wrote you, and unite in regards to Mrs. Mason, yourself, and 
daughter, Yours faithfully and affectionately, 

C. Gore. 



JEREMrAII MASON TO CHRISTOPHER CORE. 

Portsmouth, yannnry i6, 1820. 
My DEAR Sir, — I heartily congratulate you on the election of 
Mr. King. It is a striking instance of the triumph of personal 
character over party influence, alike honorable to him and benefi- 
cial to the public. His election must tend to moderate the spirit 
of faction and lessen the influence of demagogues. I trust there is 
no doubt of his accepting the appointment. The manner of his 
election and the exigency of the times leave him no liberty of 
choice. His services are not only of great importance to the 
nation, but what ought to weigh much, the nation is duly sensible 
of it. That the Boston printers should omit to publish his speech 
on the Missouri Question, under the circumstances you mention, is 
most extraordinary. Some individuals must have controlled them. 
There is surely nothing in the speech incautious or unguarded , 
and I think with you that the argument is conclusive. It has in 
truth furnished the materials of all the public discussions on our 
side. The Boston memorial, which was drawn by Judge Story, 
was evidently and as he frankly states, taken almost wholly from 

it It is all important that your Legislature should unite with 

Pennsylvania and New York in expressing their opinion on this 
o-reat question. I see Governor Brooks makes no allusion to it. 
The omission of Massachu-setts to express an opinion, on the 
ground of doubt as to the right of Congress to prohibit slavery, or 
on the ground of indifference as to the issue, may, and probably 
will determine a sufficient number of votes in the House of Rep- 



The Missouri Oticstion. 



resentatives to turn the question. I do not believe the advocates 
of slavery will gain anything by the extraordinary attempt in the 
Senate to tack this subject to the bill for the admission of Maine. 
The attempt is entirely unparliamentary, and will be resisted. 
What do you think of Mr. Otis's attempt to defend the Hartford 
Convention.'* When I was in Boston last autumn, he mentioned 
his intention to me, and asked my opinion of its expediency. I 
advised him not to make the attempt. I told him that transaction 
was passing rapidly out of recollection and would soon be for- 
gotten, and that it would be unwise to revive it by a public discus- 
sion, which could do no good but might do much harm. The 
event will show whether I gave him good or bad advice. With 
affectionate regards to Mrs. Gore, 

I am, my dear Sir, truly yours, 

J. .Mason. 



237 



Chaptkr VI. 



CIIRlSTorilKK r;<)RK to JKkKMI All MASON. | 

\N'.M.ril.\M, 'Tiinuiiry 2^, iS;o. , 

Mv DEAR Friend, — I sincerely rejoice with you on .Mr. King's 
election to the Senate, and more especially, as regards him, in the | 
manner of it. lie wrote me that he should set off on Friday last for 
Washington, where I trust he will do much good. 

You have known the cause of our cooling oft" on the Missouri | 
Question. The tears of the gentleman to whom you allude on his 
return home operated on others, and letters, as I am told from Con- 
gress, absolutely shut the press, and possibly the Governor's mouth, 
on this interesting question. Messrs. Quincy and Sullivan, we hear, 
doubt if they have not been too ardent and too explicit in the ex- 
pression of sentiments against the unqualified admission of Mis- 
souri ; and the consideration of this subject in our Legislature will 
be postponed until it can have no effect. All are alive on the Hart- 
ford Convention, and it is not impossible that instead of quieting 
the real or pretended jealousy on that measure, new bickerings and 



238 



Memoir of yeremiah Mason. 



CHArXER VI. 



increased acrimony between Massachusetts and some other portions 
of the Union maybe the result. The New York papers speak with 
censure and not a little virulence on the subject ; one of the num- 
bers of these essays hints in strong terms that Messrs. Jay and 
others did or recommended the like conduct; but these men, says 
Mr. O — , are forgiven. Enough seems to be said to irritate and 
provoke retortTl^ut not enough, if it were possible, of which I doubt, 
to put down clamor. With deference to those who wield the weap- 
ons of their own defense, I think the essays carry the mark of apol- 
ogy and have the language of supplication in such manner and to 
so high a degree, as will produce directly the reverse of what is in- 
tended. As a piece of the like fabric, our wise men in the Legisla- 
ture have been trying to get up something like a re-burial of Gover- 
nor Strong and a funeral eulogy. This is now projected, as I learn, 
by those who declined to say a word of requiem to the departing 
Governor when he offered his farewell speech. Surely then was the 
proper hour, and why it was not embraced must be sought for, not 
in the most honorable motives of the human heart. We are told it 
would aid much in the same cause, which is supported by the lucu- 
brations in the " Intelligencer." Thus you perceive our politics, 
and the springs of them, so far as they are delivered to me. 

Your faithful friend, C. Gore. 



JEREMIAH MASON TO CHRISTOPHER GORE. 

Portsmouth, yanuary 31, 1820. 

My dear Sir, — I thank you for your key to the Boston riddle. 
I should never have found it out by guessing. It certainly places 
your great men on humble ground. Should we through their 
means fail in the great question which now agitates the nation, 
they will incur an odium that will be remembered long after the 
Hartford Convention will have been forgotten. And from present 
appearances I think there is some danger that this will be the case. 
The backwardness of Massachusetts to express an opinion will be 



The Missoiiri Oiiestioji. 



felt at Washington. I doubt whether we have any men in the House 
of Representatives, of sufficient weight of talents and character to pre- 
serve our majority there, while under the violent pressure of a cajol- 
ing management to which they are exposed. There is reason to fear 
the question will be carried in favor of slavery by New England votes. 
I see nothing in the meek apology for the Hartford Convention, 
which if left unanswered would effect a change of public opinion or 
feeling. Mr. Gales promises that the subject shall be fully discussed. 
It is probable, however, that in the present press of other and more 
interesting subjects, this will pass off without exciting much notice. 
You doubtless observed the honorable mention of our Act. for raising 
State troops for the purpose of local defense. Do you remember 
the cold indifference with which that measure was at the time re- 
ceived in New luigland.' I believe this is the first time that it has 

ever been noticed here in a newspaper 

I am sincerely yours, j. Mason. 

JERKMIAII mason TO RIFIS KING. 

Portsmouth, April 15, 1S20. 

Dear Sir, — I thank you for the Congressional papers which I 
have received by your frank. I had hoped to see the speeches on 
the Missouri Question which you delivered this session, but I begin 
to fear they are not to be published. 

It is apparent from the rude and illiberal abuse they have at- 
tempted to cast upon you, that you must have touched the slave- 
holders to the quick. I trust that such abuse can do you no serious 
injury. Notwithstanding the apathy which prevails in this section 
ol the Union on most political subjects, the discussion of that ques- 
tion e.xcited strong feelings and made an impression that will not 
be soon worn off. Its bearing on political power is at length in 
some degree understood. The arrogant spirit of domination ex- 
hibited by the people of the South, both in and out of Congress, has 
offended some and alarmed others. Many of the former supporters 



239 



Chapter VI. 



240 



Memoir of yeremiah Mason. 



Chapter VI. 



of the Virginia rule now lament with apparent sincerity our domes- 
tic disunion, the acknowledged cause of the late defeat. If this ten- 
dency of public opinion should be permitted to have its natural 
course, it would jDrobably produce considerable effect. But the 
demagogues, office holders and office seekers, sensible of their dan- 
ger, are doing all in their power to counteract it. At present the 
prevalent feeling is that of mortification mixed with no inconsider- 
able degree of indignation toward those of our Representatives who 
are believed to have sacrificed the most important interests of their 
constituents to base servility and mercenary hopes of personal ad- 
vantage. It would seem that if a barrier is ever to be opposed to 
the ambitious projects of the Southern and Western States, it must 
be done soon. And in what way can that be done, while they com- 
mand all the patronage of the Government? As long as that is the 
case I fear they will always be able to secure a majority in both 
Houses of Congress. If so our only remedy is to look to another 
quarter for a President. I hear of nobody who thinks this can be 
attempted with any prospect of success, till the present incumbent 
shall have served out his two terms. I know not what is inferred 
from General Smith's caucus, but presume that no considerable 
opposition is expected to Mr. Monroe s reelection. 

The good people of New England have been much disturbed 
during the past winter by the appearance of the ghost of the Hart- 
ford Convention, so adroitly conjured ujj, by Mr. O — in his defense 
of the character of the defunct. When I was in Boston last autumn, 
he mentioned to me his intention of undertaking that defense. I 
tried to dissuade him from the attempt. I do not know what he 
thinks of his success, but I am told that all his friends, as well as 
the friends of the Convention, are heartily sorry that he brought 
this unlucky subject back from the oblivion into which it was fast 
sinking. With great respect, 

I am as ever faithfully yours, J. Mason. 



Spanish Affairs. 



Kl KLS KING TU JKRE.MlAll MASd.N. 

Washington', May 4, 1820. 

Mv DEAR Sir, — It is some time since the receipt of your oblig- 
ing letter of the 1 5th ultimo. It ought sooner to have been acknowl- 
edged, but my attention has been of late a good deal engaged in 
watching the course of the New York election. The struggle is 
over, but who cries victory we here are unable to ascertain. My 
wishes have been on the side of Tompkins, believing that under 
him the State may be sooner composed than it would be under 
Clinton. Our session is near to its close. Except that bill chang- 
ing the mode of selling the public lands, nothing of importance will 
have been done, though much has been discussed which stands 
postponed to another session. Had not the friends of the tariff 
embraced a system too comprehensive or complicated, they would 
have succeeded. The cotton and woolen manufactures discon- 
nected with their a.ssociates would have received the protection 
asked for, but the bearing of the bill on ship-building and naviga- 
tion was insuft'erable. The auction and cash payment of duty bills 
failed also, being reported as parts of the tariH' .system, as it was 
called. 

Our Spanish afi'airs have often changed their phases during the 
winter; and the expected news from Sjjain. since the convocation of 
the Cortes, will in all probability posti^one any definitive measures 
respecting Florida, about which less solicitude exists than formerly. 
Some desire the province of Texas, lying along the ocean and west 
of the Sabine, to be also obtained ; others have become less desirous 
respecting the Floridas, which will only add further strength in the 
Senate to the slave States, which by the multiplication of new States 
have become a controlling power in our government, though a 
minority. I have, however, no doubt that ultimately we .^hall pos- 
sess the Floridas. In respect to the Missouri debate, in which I took 
a part, which became the theme of gross misrepresentation and 
abuse, although, as the newspapers have shown, much has been 

3> 



241 



ClIAl'I'EK VI. 



242 



Memoir of yeremiah Mason. 



Chapier VI. 



said, the argument, whether the j)ovver or the policy be the inquiry, 
remains unbroken in favor of the restriction. Indeed, nothing hav- 
ing the character of a law, or constitutional or statesmanlike argu- 
ment, has been offered to the contrary, and in my conviction none 
can be invented. All the speeches hitherto published have been 
prepared by those who delivered them. There was no note-taker 
present in the Senate, and I have not put a pen to paper in order 
to preserve what I said on this occasion. The Presidential caucus 
was a mere abortion. The measure was adopted more by the vanity 
of General Smith than from all other motives. There will be no 
opposition to Mr. Monroe, that I have heard of None is expected 
even from New York, whose deputation will in all probability be anti- 
Clintonian. If Tompkins has been chosen Governor of New York 
there might have been, and even yet may be, a caucus for his suc- 
cessor ; but I consider this event uncertain and not likely to be 
definitely ascertained, at least in favor of Tompkins, before Con- 
gress adjourns. Rush, of Pennsylvania, Morrow, of Ohio, Clay, 
of Kentucky, and my brother, of Maine, have been spoken of, but 
as far as I can form an opinion, it would be that no person is yet 
soberly thought of for the place of Vice President except Tompkins. 
Our treasury is exhausted. No notice was personally given of 
its condition. The Executive removes, but dares not propose to 
impose, taxes. The reduction in the military appropriation of this 
year, including the fortifications and ordnance department, exceeds 
two millions. This financial scheme is adopted with the knowledge 
that contracts have been made that require this sum, but which the 
contractors will not receive as they ought, but for which, with dam- 
ages. Congress will be called on next year. The stopping of the 
Yellow Stone Expedition will prove a neat saving, and may prevent 
an Indian war. The suspension or repeal of the Pension Law will 
be another saving, and yet the government must borrow from two 
to four millions this year, and the prospects of the next year are 
still more alarming. The project of the new tariff if it succeed, 
must reduce the import of tonnage duties still lower, and its estab- 



The Missouri Question. 



Hshment must produce the necessity of a system of internal taxes 
which the Western States have no inclination to impose. A motion 
to reduce the army is before the House, and if no fears respecting 
Florida prevent, it will prevail. The navy will follow next year. 
So we go. Excuse this rambling letter, and believe me very truly, 
Your respectful and faithful servant, 

RiFi s Kixr,. 



243 



ClIAlTEK VI. 



RLKLS KING TO JKRKMIAII MASUN. 

Jamah A, L. I., J/,m ^5, i8;o. 

Dear Sir, — .As \'irginia has appealed to the respective States 
on the Missouri Question, I hope that your Legislature will not only 
sustain the appeal but give judgment in the cause. 

You are in the Legislature and will of course attend to the subject, 
should your Governor, in imitation of Wolcott, bring it before you. 
I have no wish to recur to the subject during the next session of 
Congress; we shall be the same persons, and the result will not vary. 
Holmes of Maine, who is to come to the Senate, would be on the 
slave side; and .New Hampshire has been divided. Although the 
question is not immediately to be discussed again in Congress, the 
principles will be constantly felt, and those which are correct want 
strengthening and confirmation. New Hampshire can and ought 
to lend her support. I wish that your Mr. P. would retire and give 
to you his place. The North wants force; numbers which are 
mere numerals in politics as well as finance are not to be relied 
upon. On all controverted points in every national question, we 
fight militia against regulars; and as in war we suffer grievous de- 
feats until by more concert, which we have little prospect to effect, 
or by the influence of pride, which disdains inferiority, we select 
and continue our best men in Congress. No alteration can be ac- \ 
complished, but we shall forever be governed by the minority whose 
interests materially differ from our own and from those of a majority 
of the natives. If you could come from New Hampshire, and Web- 



244 



Chapter VI. 



Memoir of yeremiah Mason. 



ster from Massachusetts, I should feel some courage and confi- 
dence. Think of these things. 

With great esteem and respect, I am always and truly yours, 

R. King. 

DANIEL WEBSTER TO JEREMIAH MASON. 

Boston, May 30, 1820. 

Dear Sir, — I hope you will think a little of districting your 
State for members of Congress. I deem it an important affair in 
the present state of things and in relation to probable future events. 
They have done it in Vermont ; and I learned there last week that 
two or three of their most considerable men might perhaps be 
elected in the fall. 1 believe I suggested to you also, the expedi- 
ency of separating the Congressional from the State elections. The 
Massachusetts Legislature assembles to-morrow. The important 
business is to decide whether there shall be a convention to amend 
the State constitution, and to elect a Senator. As there is one 
Senator from Boston, the other must come from the country. I 
suspect it will be Mills, George Bliss of Springfield, or William 
Baylies of Bridgewater. It is possible, however, it may be a mer- 
chant, in which case I think Mr. Reed of Marblehead likely enough 
to be chosen; very little is said about it at present. Our courts 
are through. Judge Story adjourned on Saturday, and Chief Jus- 
tice Parker on the Saturday before. When your legislative labors 
are over, I hope you will come this way and play a little. If noth- 
ing occurs to prevent, I intend being in Concord one day about the 
20th of June. I have promised Mr. Olcott to be there if practi- 
cable. Your consignment of books and potatoes came safe to hand. 
I have tried the latter article first, and find it good. My appetite 
for the first is not at present quite so keen. The first Piscataqua 
man I see here, I shall charge with the conveyance of the two 
books I promised you. Mrs. Webster desires her regards to Mrs. 
Mason and her daughters. Yours truly, 

D. Webster. 



The Missouri ' Qiicstio7i. 245 



JEREMIAH MASON TO RLFUS KINd. 

PoRTSMOfTH. TV/z/t* 4. \%ZO. 

Mv iJEAR Sir, — I have to acknowledge the favor of two letters , chaitkrvi. 
from you : one from Washington and the other after you had re- 
turned home. I thank you for the kind expression of your wish to 
see me again in the Senate. Many considerations concur to ren- 
der that situation very agreeable to nic, among which the benefit of 
your society would not be esteemed the least. But it is for the 
present entirely out of the question. Mr. P. has no intention or 
inclination of resigning a seat which is so necessary to him fur his 
comfortable support, unless he can secure some other place which 
will be equally profitable, of which I do not know that he has anv 
prospect. And were he to resign, it is not probable his seat would 
be offered to me. And even were both of the difficulties removed, 
others of a personal nature and such as could not be easily sur- 
mounted, would still remain. .Mr. Mellen as was e.\pected, has re- 
signed. Mr. Webster can probably, if he pleases, have that place. 
In a conversation I lately had with him, he seemed to think 
that he could not immediately forego the profit of his professional 
business. It was however apparent that he had a strong liking for 
the situation, and should it be oflered to him two vears hence, I 
doubt whether he would decline it. I am fully sensible that it is of 
vital importance to us of the Xorth to be better represented in Con- 
gress; but I see not how this is to be effected, in any considerable 
degree, as long as wc remain subject to our apparently intermin- 
able factions. 

The good Democrats of this town, by accident I believe, happened 
to elect me a member of the Legislature for the present year. I had 
no previous suspicion of their intention. The chief inducement I 
have to attend the ensuing session of the Legislature, is to see that 
the Virginia Resolutions on the Missouri Question, should they come 
under consideration, are disposed of to the best advantage. There 
will be, as I fear, no small difficulty in bringing our Legislature to 



246 



Memoir of Jeremiah Mason. 



Chai'Ter VI. 



the expression of any strong opinion with that degree of unanimity 
which is necessary to give it effect ; the dominant party has been 
already greatly alarmed. Many of their influential leaders, among 
whom are the judges of our Superior Court, pretend to have doubts 
of the constitutional power of Congress to impose the restriction 
against slavery. The true cause of the alarm is a fear that a schism 
may be produced in the party. The leaders are constantly recom- 
mending a peaceable acquiescence in the decision that Congress 
has made, and a careful abstaining from whatever may cause irrita- 
tion, provoke local jealousies, etc. 

One branch of our Legislature, the Senate, it is expected, will be 
entirely Democratic, and at least three fourths of the House of the 
same sort. The attempt will be to parry the question and avoid 
the expression of any opinion. Much will depend on the course 
which shall be adopted by our Governor, and it is impossible to 
foretell what that will be, 

I am, with the highest respect. 

Most sincerely and faithfully yours, J. Mason. 

DANIEL WEBSTER TO JEREMIAH MASON 

Boston, yiine 15, 1820. 

Mv DEAR Sir, — If your session should prove as short as you 
anticipate, it will not be in my power to see you at Concord. The 
circuit court sits here, by adjournment, on Monday, which I must 
attend. If your session should last through next week, I shall 
probably be up. I have been endeavoring to do something about 
an answer in Mr. Olcott's case, but have made very little progress 
in it. I wish he would send me a full copy of the bill. Our Leg- 
islature is wholly engrossed by local subjects, especially by the 
project of a convention, which it seems we are to have. I have 
inquired of Mills, Dalton, Lawrence, and others. They all say the 
Virginia Resolutions have not been communicated to them I ! 
Whether they were sent last winter, or whether the Governor has 



The Misso2tri Ouesho7i. 



omitted them, or whether \'irginia never sent them at all, is more 
than I know, and more than anybody here apjjears to know. Mills's 
election is probably the best thing that could be done. He is always 
respectable, and will be, I think, a safe man. Local causes ren- 
dered it convenient to choose a man in his part of the State, and 
he is generally popular. I learn from various sources that you 
make quite a promising legislator. I am glad to hear it. So far 
as I learn particulars, they meet my approbation. I like your idea 
of discontinuing joint committees, — a great barbarism — in legis- 
lative proceedings. In the course of time, I expect to hear of some 
legislative movements about the judiciary, if opinion in New Hamp- 
shire is as strong on that subject as it is represented to be by those 
persons whom I see here from the State. Our convention is an 
important subject ; a great many things of consequence will be dis- 
cussed in it, among others the erection of a court of equity. 

Yours, D. VVEBsrtk. 

CIIRISTOI'IIER COKK To JEREMIAH MASON. 

Wai.tham. 'Tiiiiir 25, i8jo. 

y\\ DEAR Sir, — 1 have received your letter of the 23d June instant 
and read your resolutions with much pleasure. I think them ex- 
cellent, and sincerely wish that Massachusetts had as well preserved 
her dignity and character. Why Governor Hrooks did not present 
them to the notice of our Legislature, I cannot say. Thinking he 
would, I desired a common friend to request of Judge Parker that 
he would converse with his Excellency and impress on his mind 
what was due to his own character, that of the State, and to the 
cause of freedom, and the defense of our own political power. I 
could not see the Governor myself, and although I have inquired of 
several, I have never attained the least satisfaction on this subject. 
There is, as I feel, a total lethargy on all our national concerns in 
the sentiments and conduct of those who direct public opinion and 
the public councils. The people on the .Missouri Question are a 



247 



Chapter VI. 



J48 



Memoir of ycremiah Mason. 



Chapter VI. 



great way in advance of their leaders. Individuals with whom I 
have talked on this question (and I have spoken to all I have met 
and are conversant on such topics), acknowledge its importance, but 
it would seem that some fatal spell is brought to operate on the 
Government to prevent every expression of sentiment, or only at 
such time as to discover our opinions when we are sure they can 
have no influence but to raise the ill temper and contempt of the 
slave-holding States. 

I rejoice that you went to the Legislature, and that you have 
caused the State to honor itself and support the cause of freedom. 

My wife, who is in tolerable health, unites in affectionate regards 
to yourself, Mrs. Mason, and daughter. 

Faithfully I remain your friend, 

C. Gore. 



RUFUS KING TO JEREMIAH MASON. 

Jamaica, L. I., July 6, 1820. 

Dear Sir, — So far from thinking that you stopped short of the 
true point, your report and the resolutions of your Legislature, with- 
out reference to the domestic considerations to which you refer, are 
just such as they should be to produce the reflections that may lead 
to reformation. Your argument is persuasive as well as convincing, 
and the suggestion, that your scheme might be considered as ac- 
quiescence in the slavish construction of the Constitution, is a sea- 
sonable rebuke to Massachusetts, whose errors and repentance are 
equally deplorable. States, like men, who fail in self-respect are 
without title to the respect of others. After the separation of 
Maine, Massachusetts was bound to retrieve her ancient reputation, 
and to obtain justice she must show the world that she merits it. 

With friendly regards and great respect, I am dear Sir, 

Your obedient and faithful servant, 

RuFus King. 



Mr. Mason in the N. II. Legislature. 249 

I*. S. — In a letter last evening received from Mr. Gore, he says chaitkk vi. 
that he is told that the Virginia Resolutions were not sent to Massa- 
chusetts. Has Virginia restricted them to the States whose Sena- 
tors voted for the extension of slavery .' 

I wish very earnestly that you would settle the conclusion firmly 
in your mind, that you ought to form motives in every sense hon- 
orable, and give me leave to say obligatory, to desire to return to 
the Senate of the United States, and as soon as it may be in your 
power to do so. The highest interest of your country, your own 
reputation, and the very extraordinary condition of the representa- 
tion of the Northern States, all unite in calling for those sacrifices 
which I fear you have not sufRcientIv undervalued. 

Mr. Mason, as he informs Mr. King in his letter of June 24, 1820. 
was in that year chosen a member of the New Hampshire House 
of Representatives from Portsmouth. He was not a candidate for 
the office, and was wholly unprepared to receive at the hands of the 
Democrats, who were a majority in the town, an honor which must 
have been gratifying to him as a mark of their respect for his per- 
sonal character. He was induced to accejJt the office not merely 
from the motive mentioned in his letter to .Mr. King, — a wish to see 
that the Virginia Resolutions on the Missouri Question, should 
they come before the Legislature, as he expected they would, should 
receive proper consideration, — but also from a desire to effect some 
changes in the administration of the law in New Hampshire which 
his experience at the bar had shown to be desirable. 

Upon the organization of the House he was placed at the head 
of the committee on the judiciary, and from the journal of the 
House appears to have given much time and thought to his legisla- 
tive duties. Among other things, he reported resolutions which 
passed into a law, making substantial changes in the judiciary .sys- 
tem of the State, abolishing the court of common pleas, transferring 
most of its jurisdiction to the superior court, and constituting a 
court of sessions. 



250 



Memoir of yeremiah Mason. 



Chapter VI. 



The Virginia Report and Resolutions on the Missouri Question 
were sent by the Governor of that State to the Governor of New 
Hampshire, early in the June session, and by the latter transmitted 
to the Legislature for their action. They were drawn with much 
ability, and set forth in forcible and earnest language the doctrines 
as to the sovereignty of the States and the limited powers of Con- 
gress, of which Jefferson and John Taylor of Caroline were the 
leading exponents in their time.' 

In the House of Representatives they were referred to a commit- 
tee of which Mr. Mason was chairman, and on the i6th day of June, 
he presented a report and resolutions thereon. These, alike from 
their essential merit and the enduring interest and importance of 
the subject on which they treat, are thought worthy of being here 
reproduced : — 

The committee has not deemed it necessary to inquire whether it would have 
been expedient for the Legislature, at the present time, to express its opinion on this 
important s'lbject, if it had not been thereto specially invited. But the Legislature 
of the State of Virginia has seen fit to address to the Legislatures of the different 
States of the Union certain resolutions, together with the reasons on which they are 
founded, giving a construction to important provisions of the Constitution of the 
United States, and defining the powers of Congress. The forbearing to express an 
opinion, when thus appealed to, might be taken for an acquiescence in the construc- 
tion contended for. 

After having carefully examined the resolutions, and the reasoning offered in 
their support, with all that attention to which they are entitled, as well on account of 
the source whence they originated, as on account of the great importance of the sub- 
ject to which they relate, the committee is of opinion that the Legislature of Vir- 
ginia contend for an erroneous construction of the Constitution of the United States, 
relative to the powers of Congress, which if adopted will prove highly injurious to 
the best interest of the nation. 

Since the passing of the resolutions under consideration, the subject matter of 
them has been so amply discussed in the Congress of the United States, as to render 
it at this time an unnecessary and useless labor to assign and illustrate at large 
the reasons why this Legislature ought not to give its assent to them. 

Notwithstanding the reasoning of the Legislature of the State of Virginia on the 

' The report and resolutions may be found in the House Journal of the New Hampshire Legis- 
lature, June session 1820, page 41. 



Report on the Virginia Resolutions. 



language of the Constitution, the committee has full confidence that the power to 
prescribe the prohibition of slavery, as a condition of the admission of new States 
into the Union, is vested in Congress by a fair interpretation of the language of that 
instrument. 

The argument chietly relied on is that the prescribing such condition by Con- 
gress is inconsistent with the sovereignty of the State to be admitted, and its equal- 
ity with the other States. It is admitted that "Congress — if the applicant for ad- 
mission into the Union had no right whatever to demand it, as would be the case of 
an independent State making such application — might provide for the admission of 
such State upon the performance of precedent conditions not impairing its sove- 
reignty." If so, as the territory of Missouri had no right to demand admission, the 
only question is. Whether the right to establish slavery within their respective limits 
is essential to that sovereignty which is enjoyed by the ditTerent States of the Union 
under the Constitution of the United States.' For evidence that such right is not 
essential to their sovereignty, an appeal might be made not only to the solemn asser- 
tion of the unalienable right of all men to freedom, announced in the Declaration of 
our national Independence, and which is adopted among the fundamental principles 
of many of the Slate governments, and to the reiterated acts of the General Govern- 
ment, in arlmitting into the Union new States with a prohibition of slavery, but also 
to the enlightened judgment of wise and good men of all countries. 

Slavery is prohibited by the immut.ible law of nature, which is obligitory as well 
on States as individuals. The establishing or permitting slavery by a State being 
thus morally wrong, the right to do it, instead of being essential to its sovereignty, 
cannot exist ; except only in cases where slavery having been already introduced 
cannot be suddenly abolished, without great danger to the community. Under such 
circumstances, it must nf neccssiiv l>c t.ilcr.iii-d fur :i liim- as the sole means of 
self-preservation. 

This painful necessity may ju>tiiy the temporary conunuance of slavery in certain 
States of the Union, where it now exists. But in the opinion of the Committee noth- 
ing can justify the unnecessary extension of this great evil to newly formed States. 

As far as it may affect the sovereignly of a nation, no material diflference is per- 
ceived between the case where it surrenders its supposed right to carry on a traffic 
in slaves with a foreign country assenting thereto, and the case of its surrender of 
its right to acquire in any other w.iy and retain slaves within its own limits. And 
yet several independent nations — and our own among others — have, without any 
suspicion of injury to their rights of sovereignty, bound themselves by treaty stipula- 
tions forever to prohibit that monstrous traffic. Have they thereby lost what is 
essential to their sovereignty ? 

If from the generality and conciseness of the terms used in the federal Constitu- 
tion any doubt remained as to their true construction, in relation to the power of 
Congress, in the particular under consideration, such doubt would be removed on 



-:> 



Chapter VI. 



252 



Chapter VI. 



Memoir of Jeremiah Mason. 



examining the condition of the territory belonging to tiie United States, at the time 
of the adoption of the Constitution, and the obUgation they were then under to form 
the same into States to be admitted into the Union. 

After the United States had by the treaty with Great Britain, and by a cession 
from Virginia and certain other States of their claims, acquired an undisputed title 
to the territory northwest of the River Ohio, they passed the ordinance of 1787, for 
dividing that territory into States, and for their admission into the Union. This 
ordinance is entitled " Articles of compact between the original States, and the 
people and States within the said territory forever to remain unaltered.'" It recites 
the objects and design to be " for e.xtending the fundamental principles of civil and 
religious liberty, which form the basis whereon these republics, their laws, and con- 
stitution are created ; to fix and establish those principles as the basis of all laws, 
constitutions, and governments which forever hereafter shall be formed in said terri- 
tory; to provide also for the establishment of States and a government therein, and 
for their admission into a share in the federal councils, on an equal footing with the 
original States, at as early a period as may be consistent with the general interest." 
It then provides as one of the articles to remain forever unalterable, that "there shall 
be neither slavery nor involuntary servitude in the said territory.'' The State of 
Virginia, with four other slaveholding States, assented to this compact. And Vir- 
ginia afterwards expressly ratified it, by an act of its Legislature. The Slates men- 
tioned in the ordinance, and in which slavery was to be thus forever prohibited, 
were still to be admitted on an equal footing with the original States. Of course 
the prohibition of slavery was not supposed to be incompatible with their sovereignty. 

The United States having thus pledged their faith and bound themselves to admit 
these States into the Union, with a perpetual prohibition of slavery, it would seem 
to be impossible that the Constitution, which was soon after formed, and certainly 
with a full knowledge of the ordinance, should not have been intended and under- 
stood to confer on Congress the requisite power to perform the obligation. 

In further proof that the Constitution must have been so understood, inight be 
cited the act expressly confirming this ordinance, among the first doings of Congress 
under the Constitution. In conformity with this understanding of the Constitution, 
have the States northwest of the River Ohio been admitted into the Union, subject 
to a perpetual prohibition of slavery. Most of the other new States have likewise 
been admitted on such conditions as Congress, deeming them to be suitable to their 
respective situations, has been pleased to prescribe. 

This being the construction given to the Constitution immediately after its adop- 
tion, and which has been acted upon without opposition, and acquiesced in for more 
than thirty years, it was not to have been expected that its correctness would at 
this late period have been drawn into question. 

It must be recollected that this contemporaneous construction of the Constitution 
was made by those who had the best possible means of knowing what was its true 



Report on the Vh'gijiia Resolutions. 



intent. Many of the clislinguished members of the Convention which formed the 
Constitution, were at that time in the national councils. 

Neither these States themselves, so admitted on prescribed conditions, nor any 
body in their behalf have heretofore doubted that they were on an equal footing 
with the original States, or that thiv enjovod .ill the rights essential to their sov- 
ereignty. 

The Legislature of Viryini.i .iltnbiiifs tins LMtiy constiuLiiun of the Constitution, 
so uniformly followed by the General Government, and acquiesced in by the States, 
to the score of misapprehension. And an intimation seems to be given to the newly 
admitted States that the conditions and stipulations, on which they were admitted, 
and which were solemnly ratified by them, are of no binding force. The dangerous 
tendency of such a doctrine is too apparent to need comment. 

The Legislature of Virginia admits " that this subject addres.ses itself very strongly 
to their interest as well as their feelings." If the obviously just and long settled 
construction of the Constitution, in a particular of great national concernment, may 
in a moment of excitement be .set aside in favor of supposed doubts, raised by the | 
excess of ingenuity of reasoning, no ground of security will remain for the equal I 
rights of the States ; and the foundation of the Cnion itself may be shaken. 

An argument against the power of Congress to prevent the e.xtension of slavery to 
new States is attempted to be raised from the general scope of the Constitution and 
from the nature of our free institutions. The Legislature of Virginia says, '• It can j 
never be believed that an association of free and independent States, formed for the 
purposes of general defense, of establishing justice, and of securing the blessings of 
liberty to themselves and their posterity, ever contemplated the acquisition of terri- 
tory for the purpose of establishing and perpetuating for others and their posterity 
that colonial bondage against which they themselves had so lately revolted. Power 
may enslave them (the inhabitants of territories) longer, but the laws of nature and I 
of justice, the genius of our political institutions, and our o^vn example, proclaim 
their title to break their bonds and assert their freedom." Can this have been in- 1 
tended for calm reasoning, to convince the understandings of those to whom it \ 
purports to be addressed, or was it designed to produce an effect on the feelings 
and conduct of the inhabitants of the territory of .Missouri then demanding admis- 
sion into the Union .' It is hoped it will never be believed that this association of ■ 
free States, formed for the noble purposes above stated, ever contemplated the 
acquisition of territory for the purpose of establishing or extending bondage of any 
kind. 

If the Constitution gives to Congress the power in question, it is not perceived 
that there is any stipulation in the treaty ceding Louisiana to the United States 
that forbids the exercise of it in providing for the admission into the Union of the 
territory of Missouri. The provision of the treaty, which is supposed to impose on 
Congress the obligation of admitting that territory unconditionally, is the following: 






Cn\nER VI. 



254 



Chapter VI. 



Memoir of yeremiak Mason. 



"The inhabitants of the ceded territory shall be incorporated into the union of the 
United States, and admitted as soon as possible, according to the principles of the 
Federal Constitution, to the enjoyment of all the rights, advantages, and immunities 
of citizens of the United States." It is not believed that this provision can have 
any effect whatever on the question. The admission into the Union is to be accord- 
ing to the principles of the Constitution. If Congress may according to those prin- 
ciples make the prohibition of slavery a condition of the admission, then surely the 
admission, subject to that prohibition, cannot be at variance with the principles. 

The rights mentioned in the treaty are such as are conferred by the Constitution 
of the United States on its citizens, among which the right to hold slaves (if such 
right there be), is not one. Admitted subject to the proposed inhibition of slavery, 
the inhabitants of Missouri would have enjoyed the same rights, as citizens of the 
United States, as do the citizens of the States on the north side of the River Ohio, 
or as do the citizens of other States where slavery is not tolerated, and who, as is 
hoped, will not be soon convinced that they do not enjoy all the rights appertaining 
to citizens of the United States. 

To avoid this conclusion, the Legislature of Virginia contends that the clause 
" according to the principles of the Federal Constitution," is no more than a qualifi- 
cation of the time of admission. But the Constitution neither states nor even al- 
ludes to any principle whatever to designate or determine the time for the admission 
of a new State. Such construction of those words would therefore render them 
wholly inoperative, and must consequently be rejected. 

The toleration of slavery in a portion of our common country has long furnished 
matter of reproach on our national character. Strong hopes were entertained that 
instead of the zeal now shown for enlarging the sphere of its baneful operation, suit- 
able measures would have been adopted for its gradual abolition. Congress, having 
the power, is bound by considerations of justice and hinnanity, and by a regard to 
the general welfare of the nation, to prevent the further extension of this evil. The 
attempt to wrest this power from Congress affords just cause of alarm. It is appar- 
ent that slavery creates habits and interests peculiar to the States tolerating it, and 
that it constitutes between them a strong bond of union. To this cause is to 
be attributed the unparalleled unanimity of every Senator and Representative of 
the slaveholding States, on the passing of the late act by Congress, affecting this 
subject. 

Should this odious bond of union be permitted to be extended, without opposition, 
it will soon produce such a combination of political power as may be sufficient per- 
manently to control all the measures of the national councils. By the Constitution, 
a disproportionate share of political power is conceded to the slaveholding States 
on account of their slaves. And although the equivalent given to the States not 
tolerating slavery has in a great degree failed, by reason of the government's sel- 
dom resorting to direct taxation for revenue, yet no complaint is made, while the 



Report on the Virginia Resolutions. 



55 



advantage is confined to the original States, tiie parties to the compact, or even to 
new States formed within their limits. But new States formed out of territor)' not 
included within the original limits of the United States have no claim to this advan- 
tage. And the granting of it to them, when nothing in their situation renders it 
necessary, is an act of injustice toward the States not allowing slaver)', and which, 
if persevered in, may in the end destroy their just share of power and influence in 
the General Government and endanger their security. 

Which said report was approved Ti.nA agreed to, as expressing the opinion of this 
Legislature. Therefore, — 

Resolved, by the Senate and House of Representatives in General Court convened. 
That in the opinion of this Legislature the Congress of the United States has by the 
Constitution the right in admitting new States into the Union to prescribe the 
prohibition of slavery, as one of the conditions on which such State shall be 
admitted : 

That in the case of Missouri, to which, by the Preamble and Resolutions of the 
General .Vssembly of Virginia, the attention of this Legislature has been called, that 
right remained in full force, unimpaired cither by the treaty under which that terri- 
tory was acquired, or any subsequent acts of the General Government : 

That in the opinion of this Legislature, the existence of slavery within the United 
-Mtes is a great moral as well as political evil, the toleration of which can be justi- 
iicd by necessity alone, and that the further extension of it ought to be prevented 
by the due exercise of the power vested in the General Government : 

Resolved, That the Governor of this State be requested to transmit a copy of the 
foregoins; n-iinrt ■\n<\ resolutions to the Governor of the State nf Virginia. 



Chapter VI. 



The IJemocrats of Portsmouth were so well satisfied with Mr. 
Mason's course in the Legislature in 1820 that they reiilected him 
in 1821. He was again placed at the head of the judiciary commit- 
tee, and in this capacity reported a bill, which became a law, vesting 
in "the Superior Court chancery jurisdiction in cases of real and 
personal estate given to charitable uses. This was among the ver>' 
first acts, if not the first, which conferred chancery powers upon 
the highest court of the State. 

in 1821 a subject of general interest came before the Legislature 
of New Hampshire in the shape of a report and resolutions from 
the Legislature of Ohio, relating to proceedings in suits in the cir- 
cuit court of the United States for the district of Ohio against cer- 
tain officers of that .State. These suits grew out of an attempt of 



256 



Chapter VI. 



Memoir of yeremiah Mason. 



the State of Ohio to tax the United States Branch Bank at Chili- 
cothe in that State, and the resistance of the bank to the tax as 
unconstitutional.' 

The report and resolutions of the State of Ohio were referred to 
the committee on the judiciary, which presented the following re- 
port and resolutions. 

State of New Hampshire. 

/// tlie year of our Lord oik- thousand eight hundred a>id twciity-oiie. 

Whereas a report of a committee of both Houses of the General Assembly of the 
State of Ohio, and certain resolutions founded thereon, relating to proceedings in 
suits in the Circuit Court of the United States for the district of Ohio, against cer- 
tain officers of that State, have been communicated by his pA-cellency the Governor, 
with a request of the Legislature of the State of Ohio that this Legislature will ex- 
press its opinion thereon : which report and resolutions having been duly consid- 
ered : Therefore, 

Resolved, by the Senate and House of Representatives in Genera! Court convened, 
that the Congress of the United States has by the Constitution power to establish a 
Bank, with offices of discount and deposit in the several States, as is done by the 
Act establishing the Bank of the United States ; and that the exercise of this power 
is necessary for the due administration of the fiscal concerns of the United States. 

Resolved, That as the Constitution and Laws of the United States made in pursu- 
ance thereof, are the supreme law of the land, " anything in the Constitution or laws 
of any State to the contrary notwithstanding," therefore any act of the Legislature 
of a State, which if carried into effect, would prevent or defeat the rightful exercise 
of any of the powers vested in the General Government, is void. 

Resolved, That the act of the Legislature of Ohio, levying a tax on the Bank of tlie 
United States, if carried into effect would compel a removal from that State of the 
offices of discount and deposit there established and thereby prevent and defeat the 
rightful exercise of the power vested in the General Government b}' virtue whereof 
the officers of the Bank were there established. 

Resolved, That inasmuch as the judicial power of the United States extends to all 
cases in law and equity arising under the Constitution and laws, this Legislature is 
of opinion that the judicial power of the United States is co extensive with the leg- 
islative power, and that it appertains to the judicial department of the government of 
the United States to determine cases arising from a conflict between the laws of the 
United States and the laws of a particular Slate, and that the preservation and due 
exercise of this power is essential to the peace and safety of the Union. 

1 See Csbiirn vs. United States Bank, 9 Wheaton 738. 



TJie Missouri Question, 



Resolved, Thai, in the opinion of liiis Legislature, the proceedings in the Circuit 
Court of the United States for the district of Ohio, in the before mentioned report 
stated, do not violate the letter or spirit of the eleventh article of the amendments of 
the Constitution of the United States, nor constitute any just cause of complaint. 

Resolved, That while this Legislature will always be ready to lend its aid to defend 
against any real encroachment on the rights of any of the States of the Union, it 
will give its full support to the General Government, so long as it confines itself 
within its prescribed limits, in the exercise of the powers entrusted to it by the peo- 
ple of the United States, to secure the great objects for which tlie Constitution was 
formed. 

Resolved, That his E.xcellency the Governor, be requested to transmit to the Gov- 
ernors of the several States of the Union a copy of the foregoing resolutions. 

In the House the report was accepted, and the resolutions 
adopted, by a vote of one hundred and seventy-two yeas to ei-dit 
nays ; but in the Senate, mainly, as it was said, through the influence 
of an active Democratic politician, a member of that body and after- 
wards of the United States Senate, they were indefinitely postponed 
by a vote of seven yeas to five nays. 



257 



Chaiter VI. 



ClIAI'TEK VII, 



CHAPTER VII. 

Correspondence to the Close of 1824. — Letters to and from Mr. King, Mr. Gore, 
Judge Story, and Mr. Webster. — Mr. Mason, in 1824, a Candidate for tlie United 
States Senate. — Causes of his Defeat. 

DANIEL WEBSTER TO JEREMIAH MA.SON. 

Boston, yanuary 12, 1821. 

1\ /T Y DEAR Sir,' — We learned by Mary's letter of Jane's recovery, 
-'-*-*- -which gave us great pleasure. We had become a good deal 
alarmed for her. You perceive our Convention is over. We have 
got out as well as we expected. As soon as our volume of debates 
and proceedings is published, I shall send it to you. It was a great 
body in numbers, and though I think it generally was well dis- 
posed, there was a good deal of inflammable matter, and some radi- 
calism in it. We were extremely fortunate in finding a consider- 
able number of gentlemen well disposed, who might otherwise have 
occasioned much trouble. You laugh a little, I know, at our early 
debates about Rules and Orders, etc. But the " Rules and Orders " 
brought us out at last. Without them there is reason to think we 
might have come badly off Some of our friends have increased 
their reputation a good deal. I think Judge S. has done so, al- 
though he had a great deal of that commodity before. Dutton, 
Hoar, and Saltonstall have decisively risen, not a little. We think 
three good things done; the Judiciary, the College, and the future 
amendment articles. As to the rest, there may be different opin- 
ions. The House of Representatives is not enough reduced ; but 
we could go no further, without departing altogether from town 
representation. The Senate stands pretty well. Whether the 



Massachusetts Convention. 



Religious Article is helped or hurt, its friends hardly know ; so I 
suppose no great injury has probably been done it. Some smaller 
amendments about the militia, etc., have passed, which it would 
have been better to have omitted. 1 learn that you have finished 
your Common Pleas. The consequence, I think, must ere long 
be, an entire new modification of your Supreme Court. I hope you 
will keep in the Legislature long enough to pass a law for district- 
ing for members of Congress. I think that quite an object. 

I suppose I must leave home for Washington about the 25th. 
I wish you could make business up here for a day or two, before 
that time. 

I have had no regular talks with anybody, since you were here, 
and I think there were some subjects which we left unfinished. 

I want to look into Moore's " H-storvof the English Revolution," 
to ascertain a particular fact. I will thank you to give it to the stage- 
driver to be brought to mc, Sunday or Monday. It will come safe. 



259 



Yours with usual regard. 



JERKMIAII MASON TO JOSKl'II STORV. 



D. Webster. 



PoRTsNfOUTH, January 20, 182 1. 

Mv DEAR Sir, — While the debates were going on in your Con- 
vention, I was so much occupied with the ordinary business of our 
Legislature that I did not read them with much attention. I have 
lately read some of the principal speeches, and anticipate the pleas- 
ure as well as instruction, I shall derive from the volume containing 
the whole, which I understand is to be published. I am told your 
best folks are pretty well satisfied with the result. You have cer- 
tainly gained considerable for the Judiciary, something in lessening 
the number of Representatives in the House, and also for the Col- 
lege, and in the matter of future amendments. I am more certain 
that some of you have gained an increased stock of reputation. 
The bad usages which have prevailed in your State Legislature, 
subjected you to some difficulty at first, in the matter of rules and 



Chai-tkk VII. 



26o 



Alanoir of ycrc7niah Mason. 



CnAi'i'KU VII. 



orders. But after that was over, I am decidedly of opinion that the 
debates and doings of the Convention cannot fail to elevate the 
character of your State. I hope also they will shed some lustre on 
the rest of New England, which stands greatly in need of it. I sup- 
pose you must be about setting out on your annual journey to 
Washington. The State of Virginia, it seems, has provided you 
with another case, involving State rights. I see by the last " Na- 
tional Intelligencer," that her Legislature has made a pretty bold 
attempt to forestall the decision of your court, in the lottery case. 
Virginia will never be quiet till she gets into her natural state of 
opposition to all the departments of the national government. 
Mary was much delighted with her visit at your house. She re- 
turned suddenly from Boston, as perhaps you may have heard, on 
account of the sickness of her sister, who has now happily recovered. 
Wishing you a prosperous journey, pleasant session of your court, 
and happy return, I remain. 

My dear Sir, as ever, sincerely yours. 

J. Mason. 

JKRKMIAII MASON TO JOSFJ'II STORY. 

Portsmouth, yanuary 8, 1822. 

My dear Sir, — I should have answered your letter of last Oc- 
tober immediately, had 1 not felt a little timid in expressing any 
opinion on one of the subjects you mentioned ; I mean your slave- 
ship case.^ On receiving your letter I made a slight attempt to 
examine the question. I found that I had not all the late English 
cases, and as I knew little about it, I concluded the wisest course was 
to say nothing. I rejoice that you have been able to come to the re- 
sult you have, so suitable to the character of a court of justice, and 
to the nature of our system of government, and so congenial to all 
our best feelings. I am very desirous of seeing your ojDinion, which 
from an intimation in one of the public papers, I expected would 

' Mr. Mason refers to tlie case of I.a Jcmic Eugenic, 2 Mason, 409. 



Law Reports. 



have been published before this time. I take it you must necessa- 
rily come into conflict with the opinion of Lord Stowcll. It will be 
highly honorable to our country to take the lead and give the law 
on this subject, and I trust you will be supported by the Supreme 
Court (where I suppose the cause has gone), and not impeded by 
any interference of the Executive Government. I have no difficulty 
in the questions discussed last summer in the Boston newspapers 
relating to the action of replevin, to which you allude. I had oc- 
casion, a few years ago, to examine that point, and then concluded 
that the Massachusetts doctrine was unsound.' In that conclusion I 
was confirmed by the late discussion, which showed as I think much 
industry and ability. The publishing of reports of law cases in so 
many of the States, is doubtless in many respects beneficial, but I 
fear it will in the end jirove in some respects injurious. From the 
time of Dr. Sangrado to the present, men have generally been prcttv 
resolutely determined to abide by the opinions they have put into 
their own books. Were it not for this difficulty in retracting pub- 
lished oi)inions, it is probable the court of Massachusetts would have 
returned to what can hardly be doubted is the true doctrine of the 
law. I have no doubt, however, that the Massachusetts reports are 
on the whole beneficial. Many of the cases are ably discussed and 
have been highly useful to us in this State. Hut I still think it 
would have been much better that some of the cases had been omit- 
ted. The science of the law is rapidly progressing, and if the busi- 
ness of reporting was managed more sparingly, fewer anomalies 
would at a future period be found in the laws and practice of the 
different States. I learn from Washington that the expected attack 
on the judiciary will be made, but, according to my informant, with 
little prospect of success at this time. The Kentucky proposal for 
amending the Constitution will end in smoke. The objections to 

' The M.-msachusctIs doctrine was that replevin lies for a wrongful detention of the pLiintiflTs 
goods, allhouKh the original taking may have Inrcn juslirnlilc. Judge Story held that the taking as 
well as the detention must be unlawful In order to authorise the process. Sec liaker ct al. vs. Kales, 
|6 M.-iss. 147 ; Meany vs. Head. I M.TSon, 319. 



261 



ClIAlTER VII. 



262 



Me7noir of ycremiah Mason. 



Chapter VII. 



that project are obvious and insuperable. Besides destroying one 
of the leading principles of our government, a separation of the de- 
partments, it would subject judicial decision to all the intrigue and 
management to which a legislative body is always exposed. What 
chance for justice or consistency in a factious and somewhat popu- 
lar body, feeling little responsibility, a vast majority of whom if left 
to the influence of correct motives, would be wholly incompetent to 
the proposed task ! If this experiment could be tried, without dis- 
turbing the Constitution, I should not dislike to see the attempt. 
The nation would soon become sick of it, and the failure would free 
the Supreme Court from much undeserved odium. I do not believe 
there is any immediate danger to the judiciary by any acts of the 
Legislature. But what may be finally effected by perseverance and 
reiterated attempts it is impossible to say. A considerable por- 
tion of the jurisdiction of the courts of the United States is of such 
nature as will be always likely to give offense and excite angry pas- 
sions, and unfortunately not only all the responsibility, but all the 
odium rests. on the judges of the Supreme Court. From their in- 
significance, or some other cause, the judges of the district courts 
share no part with you. I do think it is greatly desirable that there 
should be inferior courts, of character sufficiently reputable to bear 
a portion of the responsibility. But of this at present there seems 
to be no chance. The Supreme Court has no choice of courses to 
be pursued. The straightforward course is the only one that can 
be followed. It may be with as much temperance as the Chief Jus- 
tice pleases, and no man ever excelled him in the exercise of that 
virtue. But any vacillation or retracting, which might be set down 
to the score of the present noisy threats, would be not only incon- 
sistent with a due regard to personal character, but in their conse- 
quences, destructive of the best interests of the nation. I have con- 
fident hopes that the doctrines of the new school will be met, both 
in and out of Congress, by such a manly opposition, as will put 
them down, before there shall be time for them to do much injury. 
I have been lately informed that our friend Webster has given in- 



CaS'S of La yeiuie Eugenie. 



26 



nations that Chancellor Kent niigtit {JTobably be induced to ac- 
1 cpt'the presidency of Dartmouth College. I know nothing of thfe 
;^round on which this intimation has been made. Probably you may. 
I think you are personally acquainted with the Chancellor. I have 
no manner of doubt he would be appointed without the least hesita- 
tion, if it were understood he would accept the appointment. I have 
no direct communication with any of the trustees, but am told 
measures will be taken to ascertain whether he will accept. If you 

m with propriety, I wish you would use your influence with him 
to induce him to hearken to the proposal. It would be highly grati- 
fying not only to us in New Hampshire, but to all New England, 
to have him among us. At the first blush, perhaps the situation 
would not seem very eligible for him. But if he intends to spend 
the remainder of his life in literary pursuits, it matters not much 
where his place shall be. A man of his eminent talents can always 
make a place suitable for himself 

With the greatest esteem and respect, I am truly yours, 

J. Maso.v. 

JOSEni STOkV TO JKKK.MIAII MASOX. 

Washi.ngton, February 21, iSjj. 
Mv DKAR Sir, — I had the pleasure of receiving your late letter 
a few days since. I will not conceal how much satisfaction it gave 
me to learn your approbation in the case of La 'jfennc Eia^cnii: It 
was one of those questions on which professional minds might well 
differ, but which I felt involved a great principle of morals. The 
opinion has been read by several of the judges here, and in general I 
think it not unsatisfactory to them in its results. The Chief Justice, 
with his characteristic modesty, says he thinks I am right, but the 
questions are new to his mind. Mr. Pinkney agrees entirely in the 
result, and in all the intermediate reasoning except on a single point, 
where he thinks the doctrine so qualified, that he does not think it 
incorrect, though he says he paused upon it. Speaking of this gen- 



' Chai'IKR VII. 



264 



Memoir of jferemiah M^'rSdh. 



Chapter VII. 



tleman, I am sorry to info,':Tn you that on Sunday last he was taken 
very ill, with wKti't is generally thought an apoplexy. But it is called 
by sonAc softer name, a brain fever — for instance. He is better now, 
though still very ill, and I have my doubts whether he will ever 
again be thoroughly well.' At all events I think we shall scarcely 
again witness his extraordinary efforts. It is remarkable that Mr. 
Wirt was taken ill at the commencement of the term with a like 
attack, from which he is slowly recovering, and it is exceedingly 
doubtful if he will be able to attend court during the whole term. 
Our business has been exceedingly deranged by these accidents, 
and very little important business will be done this session. The 
propositions of Virginia, etc., and of Mr. Johnson of Kentucky, 
respecting the judiciary are not likely to find much favor here in 
Congress. From opposite motives there will be hostility to them ; 
and I learn that even in Virginia, Mr. Eppes, in offering his resolu- 
tions against the judiciary, has met with a rebuke, — seventy-two 
against seventy-eight members voting to postpone them indefinitely. 
This looks somewhat ominous. In respect to the candidates for 
the Presidency, discussion has somewhat subsided, but it is clear 
that all public business is colored with the hues borrowed from this 
subject. Every measure is watched with a jealous regard to its 
bearing on this point. Kentucky is at present firm for Mr. Cla}^ 
and will struggle hard to bring other Western interests to bear in 
his favor. Mr. Crawford's friends are evidently alive and exerting 
themselves. Beyond all question Virginia means to stick by him. 
Mr. Adams seems in shihi qtio. I do not hear that he makes any 
friends, and unless supported by Maryland, he will not have a com- 
manding vote. I do not learn that he has any very zealous parti- 
sans at work for him. Mr. Lowndes by present appearances will not 
ultimately run against any other candidate from South Carolina, 
but his friends will unite with those of Mr. Calhoun. This latter 
gentleman stands very high here among elevated and considerate 
men, and appears to be gaining ground. His youth is against him, 

1 Mr. Piiikney died four days after the date of this letter. 



(^ 



Presidential Candidates. 



and will probably weigh mucFT'frr-^bating the wishes in his favor. 
But in all other respects I am told he is thoOgJjtsuperior to most, if 
not all of the candidates. It is impossible to conjecture \v?jat will be 
the event, and I have not even attempted to speculate on it. I think, 
if he is not set up, his friends will probably incline to Mr. Adams. 
The whole Cabinet is by the ears. All are candidates, and as I 
hear, they are quite shy of each other. I imagine that consultations 
are merely formal, and advice rarely given in concert. I have thus 
thrown out all that I can learn of the floating rumors and gr.esses 
in this city of uncertainties; and am, with my respects to Mrs. 
Mason and Mary, most sincerely but in great haste. 

Your faithful friend, Joski-h Story. 

DANIEL WKHSTKK TO JKKKMIAH MASON. 

Boston, Miin/i 23, 1822. 
Mv DEAR Sir, — I came home this day week, after a longer ab- 
sence than usual, and having had a severe cold on the way, which 
detained me two or three days at New York. My observation at 
Washington has not probably enabled me to say anything new to 
you, as Mr. King has ];robably often written you, and his guesses 
are worth a great deal more than mine. I have formed, however, 
one or two opinions, which I shall state, without at present giving 
reasons for them, as to the future events. In the first place, I think 
it clear there is to be a warm contest for the Presidency ; and my 
expectation is that after sifting out sundry candidates having less 
support, the final struggle will be between Crawford and Calhoun. 
It . ould certainly come to this, if the present Congress were to de- 
cide the matter and were now to take sides. Whether the People 
may not interfere, before the time comes, and make a President of 
somebody else, I know not. The New York dominant party talk 
mysteriously, and hint that they may bring up Mr. King. Of all 
this I do not believe one word.. I think they are aiming not to 
serve Mr. King, but to serve themselves by him ; and I fear he is 
34 



265 



Chapter VII. 



266 



Me7noir of ycremiah Mason. 



CHAI-rER VII. 



not quite so fully impressed w'*-!- ^'"is truth as he ought to be. I 
take the New York -"'cics to be yet to be disposed of, according to 
circumstances. Pennsylvania, it is thought, will be unanimous for 
Mr. Calhoun, and I suppose is the basis of his expected support. 
I have heard opinions expressed, respecting other States and parts 
of States, about which speculations have been formed. Maine is 
expected to go for Mr. Crawford. Your Mr. Hill is gone to Wash- 
ington, and in all probability he will pledge New Hampshire to the 
same interest. I think the " Intelligencer" latterly favors the same 
interest. The President, as far as he ventures to have any opinion, 
is, I imagine, against that interest. We had rather an interesting 
court. There were some causes of consequence. Your friend 
Tazewell (who quotes you on all occasions) made a good speech in 
one of these Baltimore privateering causes. He is a correct, fluent, 
easy, and l\andsome speaker ; and a learned, ingenious, and subtle 
lawyer. Our friend Judge Story seems to have drawn up more 
than his share of opinions ; and I think in general they were very 
able. In the Spanish Commission, affairs go tolerably well. The 
general course is favorable to the North and the real mercantile 
losses except only as far as relates to the contract cases which 
are likely to be forced in, against the opinion of the Commission. 
I have a particular reason for wishing to see you between this time 
and the first of May. Shall you probably be this way .? 
I am, dear Sir, yours as always, 

D. Webster. 

JEREMIAH MASON TO RUFUS KING. 

Portsmouth, y^//-// 12, 1822. 

Dear Sir, — I thank you for sending me your Report on the 
Restrictions of our Trade with the British West Indies. The very 
satisfactory view which you have given of the justice and policy oi 
the measures adopted by the United States, must tend to silence 
the complaints which local interests had excited. In this quarter 



Tirade with the British West Indies. 



of the Union no dissatisfaction has been felt except by a few individ- 
uals whose private interests were supposed to be affected. Our best 

informed r. .Ttints are of opinion that the value of this trade has 

been greatly overrated, and if it should be permitted to our vessels 
equally with the British, under the restrictions which would prob- 
ably be imposed, that it could not be profitably pursued to any con- 
siderable extent. A strong recommendation of the President "^for 
acknowledging the independence of the South American provinces, 
and the extraordinary unanimity with which it wr.s adopted by the 
House of Representatives, leads me to suspect there was information 
at Washington that this measure would give no serious offense in 
Europe. If the late intelligence of the dcclaratiDn of the Spanish 
Cortes be true, it would seem that was not the case. 

I hope we are in no danger of a misunderstanding with Spain, or 
any other power, on this subject. We are certainly not in a situa- 
tion to justify the encountering much risk. In the present condi- 
tion of our finances, it would be folly even to ta'k of a war. If I 
mistake not the people at large do not participate much in the zeal 
felt by their representatives on this occasion. 

The squabbles among thp members of the Cabinet for the succes- 
sion tend to degrade the government and deprive it of the public 
confidence. It must require nothing less than the whole energy of 
the President to keep the peace of his own household. Should 
these squabbles continue, there is a chance that the people may 
take the matter into their own hands and determine it for them- 
selves, in which event I hope that more than one of the present 
candidates may be disappointed. The Baltimore pamphlet on the 
public defaulters, as far as it is known, attracts much attention. If 
the facts were fairly before the people, they would produce a strong 
sensation and in the end a beneficial effect. The government would 
be compelled to adopt a more efiicient system of accounting for 
expcnditu'es of public money. But there is no way by which these 
statemen can reach the people. Since the Federal opposition 
ceased, no prudent conductor of a newspaper has deemed it expedi- 



267 



Chapter VII. 



268 



Memoir of yeremiah Ma so??. 



CiiArTEi; VII. 



ent to publish anything that might give offense to the powers that 
be. And this will continue to be the case until an opposition shall 
arise under some other name and from a different quarter. I do 
not know how to account for the long continuance of such entire 
apathy and indifference towards the present administration. It 
seems to have neither friends nor foes. 

Froi.: the.excitement that prevailed in Virginia and several other 
States, a violent attack on the Supreme Court was expected in the 
course of the present session of Congress. I am glad to see that 
this, together with a multitude of other projects of less importance 
will probably end in smoke. I know it has often been said that 
lawyers are apt to attach too much importance to the judiciary de- 
partment. I confess I have long been of opinion that the vigorous 
exercise of the judiciary oower, to the full extent now authorized b) 
law, was absolutelf necessary for the preservation of the govern 
ment. I think there is more occasion for extending than for re 
straining the exercise of "this power. Were it not for the extreme 
jealousy, on the store of .State rights, felt in some sections of the 
Union, I should like to see provision made by law for the exercise 
of this power, to the utmost limits fixed by the Constitution. 1 
cannot see how the other two departments of government can be 
effective, where the judiciary can do nothing. A restriction of tht 
judiciary power necessarily involves a correspondent restriction o 
the other powers of government. It must be so at least in all case: 
where the general government comes in conflict with the Stat( 
government. 



With great respect and esteem I am faithfully yours. 



J. Mason. 



RUFUS KING TO JEREMIAH MASON. 



Jamaica, L. I., May 17, 1S22. 

Dear Sir, — I thank you for your obliging letter received a 
Washington. After a long and unprofitable session. Congress ad 



Presidential Candidates. 



journed last week. Our South America recognition ^ht to make, 
and as I hope will make, no change in our political re. ions, though 
some apprehend difficulties. It is not probable that ninisters will 
be sent before they are needed by our government ; the delay will 
afford opportunity to select proper characters and to watch the 
course of events ; it will moreover avoid the eclat of a premature 
proceeding. At the early period of the session we saw much eager- 
ness on the subject of the next President ; but the disinclination 
manifested by some of the State legislatures to enter into an early 
discussion of the question had the effect to discourage the same, 
and the session finished leaving the candidates in the situation in 
which it found them. Mr. Adams stands where he was. Calhoun 
did not advance. Crawford holds his own, and Clay is encouraged 
to persevere. His hopes rest on the election to be made by the 
House of Representatives. The subject will be resumed at the 
next session, and events which may occur in the interval may serve 
to render men more decided and explicit. The competition between 
the heads of departments creates jealousies and divisions in the pro- 
ceedings of Congress, and these will be increased in future sessions. 
The situation of the incumbent is such as might have been expected. 
The last year or two of his predecessor exhibited but little evidences 
of the attachment or fidelity of his political friends. The close of 
the actual Presidency will not in this respect be more fortunate. 

Our commercial difficulties with France will, as I conceive, be 
settled by a convention between Mr. Adams and Mr. Neuville. It 
will be only for a year or two, but will probably lead to a future and 
reciprocally beneficial adjustment. From England we have infor- 
mation that their West India ports are about to be opened. Some 
persons doubt whether in the present state of our navigation, the 
opening of the trade to British and American vessels will be advan- 
tageous ; but those who have most considered the subject of com- 
merce, best understand the advantages of its freedom, and with con- 
fidence depend upon its penetrating qualities and the tendency 
thereof to its increase. If the markets of all nations were open, the 



269 



Chapter- VII. 



270 



Memoir of yeremiah Mason. 



CHAI>TER VII. 



consequence would be to create the highest stimulus to commercial 
enterprise and human industry. I am persuaded that this theory is 
the true one for the people of the United States, and it is a comfort 
to me to believe that it will make our country illustrious. 
With regard and respect, I am dear Sir, 

Your obedient, faithful servant, 

RuFus King. 

JEREMIAH MASON TO CHRISTOPHER GORE. 

Portsmouth, April 17, 1823. 

My dear Sir, — In a letter I had from Mr. Payne, within a few 
days, he informs me that you had in good degree recovered your 
health ; that you were much better than you had been for several 
years past, and that there was a fair prospect of your again having 
the use of your limbs. I most cordially congratulate you on this 
happy event. Be assured, my dear sir, I am exceedingly rejoiced. 
There are very few persons in the world, whose welfare would give 
me such sincere pleasure. The patience and magnanimity with 
which you have borne your long continued and severe sufferings, 
have always excited my admiration. I hope and trust that the pres- 
ent prospect will not prove fallacious. I have enjoyed good health 
all my life, with few trivial exceptions, and I have been often told 
that no one can duly appreciate the full value of health, without 
having undergone the pains and penalties of sickness. I pray God 
you may long enjoy your present happiness without again paying 
its extravagant price. It seems Dr. Eustis has carried his election 
with an overwhelming majority. I was prepared for this result, 
when I saw both Orthodoxy and the Hartford Convention invoked 
to his aid. This is the second time Mr. Otis has been the unfor- 
nate occasion of calling up the ghost of that unlucky convention. 
I hope it is now laid forever. This is probably the last struggle of 
Federalism. This last defeat, in its stronghold, like most former 
ones, has been effected by the want of policy and the mismanage- 



The Federal Party. 



271 



ment of the leaders. Whether the result ought to be deemed matter 
of regret, depends in my opinion almost entirely on the course that 
shall be pursued by the successful candidate. Since the dissolution 
of the Federal party in the United States, I have not been able to 
see any general benefit from retaining its name and nominally sup- 
porting its principles in a single State. It may have been conven- 
ient to individuals, and possibly beneficial to that State at large. 
However that maybe, it has certainly been injurious to neighboring 
States, by impeding by its example the amalgamation of parties. 
Without much confidence either in the wisdom or moderation of the 
successful candidate, I still hope the follies of Gerry's administra- 
tion are not to be reacted. If I mistake not, the spirit of the times 
does not require it, and would ill bear it, unless excited by what is 
now to become the opposition. 

I see it stated in the papers, that Judge Jackson has resigned. 
This vacancy, left to be filled by the successor of Governor Brooks, 
would I think add much to the security of the bench. Should an 
individual obnoxious to the dominant party be appointed, ways and 
means would be easily devised for removing him, and probably his 
brethren with him. This State, Connecticut, and New York furnish 
ample evidence that in times of party excitement judicial offices are 
no more permanent or secure than others. 

I am just released from a long and tedious session of our court. 
One of our judges, being about to become Governor, ' thought an 
attempt to clear out the docket would add to his glory. This occa- 
sioned a long adjourned session in this county. I intend soon after 
the Circuit Court of the United States, which will begin 8th May, 
to go to Boston. lam the more desirous of this, as I anticipate the 
pleasure of seeing you in good health. With my and Mrs. Mason's 
best respects to Mrs. Gore, 

I am truly and affectionately yours, 

J. Mason. 

' Judge Woodbury. 



ClIAnER VII. 



272 



Chapter VII. 



Memoir of yeremzah Mason. 



JEREMIAH MASON TO JOSEPH STORY. 

Portsmouth, April 24, 1823. 

Mv DEAR Sir, — I see that by an act of the last session your cir- 
cuit is to commence at Portland the ist of May. We expect Mrs. 
Story will accompany you to Portland, as she intended to do so one 
or two of the last times you went there. We shall be highly gratified 
if you can make it convenient to spend a day or two with us as 
you go down. We shall depend at all events on your coming directly 
to our house, and remaining for the night, which you must of 
course spend in Portsmouth when on your way to Portland. I 
had promised myself the pleasure of going with you to Portland. I 
was applied to to argue a cause pending in your court there. But 
I believe it is agreed to be continued, which will deprive me of the 
excuse for going. Mr. Webster wrote me from Washington, a few 
days ago, to ask you for a letter he had written to you, of and con- 
cerning the appointment of a successor of Judge Livingston. I 
feel a curiosity to know the causes of the unexpected demur that 
has happened in that matter, and wish you would remember to put 
the letter in your pocket. When I first heard of the death of Judge 
Livingston, I had strong hopes that Chancellor Kent would have 
been appointed; but if what I have heard intimated be true, that this 
appointment is embraced in the calculations of the present great 
political juggle, whatever may be the cause of the delay, I think 
Chancellor Kent stands no chance. I do not see how his appoint- 
ment can be made to answer the purpose of any of the candidates. 
With best regards to Mrs. Story, in which Mrs. Mason joins me, 

I am, as ever, truly yours, 

J. Mason. 



Mr. Clinton a Presidential Candidate. 



JEREMIAH MASON TO JOSEPH STORY. 

Portsmouth, N'ovembcr 3, 1823. 

My DEAR Sn^, — I received, a few days ago, the package herewith 

nt, from Sparhawk the secretary of this State, containing, as he 
says, several pamphlets of our statutes, with a request that I would 
-' e them forwarded to you. I suppose this is intended to be in 

-mpliance with a resolve passed while I was in the Legislature. 
If I rightly remember, that resolve directed him to send you all of 
our statutes then in force, and future ones as published. I recollect 
such was the purport of the resolution introduced, and something 
was said about there not being in the secretary's office a complete 
set of the statutes in print. Whether the resolution was amended 
in consequence of that suggestion. I do not recollect. But I do 
remember speaking to Mr. Sparhawk on the subject, and he prom- 
ised me to send you the volume containing our last edition of the 
statutes, and such pamphlets since published as he had in the 
office, or could procure. In case you have not received them and 
will inform me, I will procure them for you. 

I have a letter from Mr. Webster, stating that Mr. Clinton has 
started in the Presidential race, with the present appearance of 
extraordinary popularity, in the State of New York. He seems to 
think, from present ai)])earanccs, that Mr. Clinton stands a good 
chance to carry the State of New York. If so, it increases the 
probability that the election will be decided in the House of Repre- 
sentatives. My son George returned last evening from his Western 
peregrination. He returned by way of Detroit, thnnigh the Lakes, 
and is full of stories of perils by land and by water. One of the 
latter went near being fatal to the poor fellow. In crossing the 
I ludson at Albany, he imprudently — as is common for young men 
and not uncommon for old men — sat in a close carriage. By a mis- 
hap the horses with the carriage went out of the boat into the river, 
where the water was twenty feet deep. He luckily crept out of a 
window and hung on to the carriage till taken off by another boat, 

3S 



^n 



CllAlTER VH. 



274 



Memoir of ycremiah Mason. 



CHAriEU VII. 



immediately after which the carriage sank. He sustained no other 
inconvenience than a thorough ducking in the cold water, and the 
wetting of his baggage, which was afterwards recovered. He has 
seen a good deal of the Western world, and I trust will derive some 
benefit from it. He seems not to be desirous of returning with a 
view of a residence there. I am sorry he had no opportunity to 
deliver the letter you so kindly gave him to Judge Todd. 

With my and Mrs. Mason's respects to Mrs. Story, I am, dear 
Sir, as ever, truly and affectionately yours, 

J. Mason. 

DANIFX WEBSTER TO JEREMIAH MASON. 

Princeton, A^ovcmbcr 20, 1823. 
My dear Sir, — We are thus far on our way well, and without 
accident. I spent two or three days in New York, and write this 
principally to give you information of what surprised me, and will 
agreeably, I imagine, surprise you. I mean the extraordinary 
present popularity of Mr. Clinton. I was in no manner prepared 
to hear the language, held in the city, on that subject. The vari- 
ous candidates for the Presidency, or their friends, now seem to 
consider him the most formidable opponent, as far as that State is 
concerned. What from the natural reaction of popular sympathy, 
in favor of one who is supposed to have been hardly used, and 
what from his now acknowledged merits, as connected with the 
canal, he seems rising very strangely. In short, his friends speak 
with great confidence of his success in that State, and with almost 
equal confidence of his strength in Ohio. This gives a new aspect 
to things, and probably renders still more improbable any choice 
by the electors. Mr. Clinton's friends, and Mr. Calhoun's friends, 
at this moment; seem to think the only controversy in New York 
must be between those two. They admit that Mr. Adams has a 
great body of well wishers and some active friends ; but they think 
neither class is increasing at present. And Mr. Crawford, they 



Mr. Clay. 



275 



think, or affect to think, out of the question. In the mean while it 
seems to be understood, as far as I could learn, that the friends of 
Mr. Clinton and Mr. Calhoun would go along amicably, for the 
present, at least, and until public opinion should more fully develop 
itself. In all the Middle States, there is such a fashion, or pas- 
sion, for entertaining projects of internal improvement, that consid- 
erations of that sort are expected to have influence on the highest 
elections. Foreign relations being all quiet and pacific, and no 
high party feelings at present existing, the necessary excitement 
of public sentiment seems only likely to be found in schemes of in- 
ternal improvement. I believe you and I have the fortune, good 
or ill, to have committed ourselves in favor of the constitutional 
power of Congress to aid such objects. 

I hope to find a letter from you at Washington. Mr. Stockton's 
good family are all well, and desire their respects to your family. 
Julia is at New Bedford for the winter. 

Yours, most trulv, 

D. Webster. 



Chap. VII. 



IiWII I, WEDSTER TO JEREMI.MI MASOX. 

Washington, A^rw/Z/c/- 30, 1823. Sunday Evaiiiig. 
Dear Sir, — We arrived here on Wednesday evening safe and 
well, after a journey which on the whole was pleasant and agreeable. 
Our lodgings were ready, and are very comfortable. The attend- 
ance of members is uncommonly large, and we shall have a quorum, 
no doubt, to-morrow. Mr. Clay arrived last evening. He will 
doubtless be Speaker, although I understand Mr. Barbour's friends 
intend to run him. It will not go. Mr. Clay's popularity as Speaker 
is great, and he is, in many respects, a liberal and honorable man. 
His health is not good, but I fancy not so bad as to induce him to 
decline the chair. Though I think him tolerably liberal, and not 
unfriendly in his general feeling, yet I do not suppose that in the 
organization and arrangement of the affairs of the House he will 



276 



Alemoir of yerejuiah Mason. 



Chap. VII. 



venture to disregard old lines of distinction. Mr. King has arrived, 
but I have not seen him. Both your Senators are here. 

I have not seen much here yet to add to the stock of knowledge 
on the subject of the Presidential election. It looks to me, however, 
at present, as if it might happen that Mr. Crawford would ere long 
be given up and his friends go off in a direction to Mr. Clay. It 
appears to me to be 07ir true policy to oppose all caucuses, — so far, 
our course seems to me to be clear. Beyond that I do not think 
we are bound to proceed, at present. To defeat caucus nomina- 
tions (or prevent them), and to give the election, wherever it can 
be done, to the people, are the best means of restoring the body 
politic to its natural and wholesome state. 

Mrs. Webster sends a great deal of love to you all. 

Yours, most truly, D. Webster. 

I hope you have not abandoned an idea which you intimated to 
me at Dorchester. I think you will do exceedingly right to take 
that step, and am sure you will not regret it. It will excite no jeal- 
ousy or suspicion kar, at all ; and you have reasons which will allay 
any that might arise at home. 

JOSEPH STORY TO JEREMIAH M.A.SON. 

Salem, December 2, 1S23. 

My dear Sir, — I am greatly obliged to you for forwarding to me 
the pamphlet laws of New Hampshire. I have never received those 
passed at June sessions of 1819 and 1820, so that my series since 
the publication of the first volume is broken. I should be very glad 
to obtain the missing laws of 1819 and 1820, and if the Secretary of 
State could furnish me with them it would be quite a favor. 

I had not heard from Mr. Webster, until I received your letter, 
since his departure. The new Presidential candidate quite surprises 
me. But he is a buoyant man, and though I think his chance very 
small, it may probably send the choice to the House of Representa- 



Lord Stoiucll. 



tives. I still incline to think Mr. Adams' chance upon the electoral 
vote, better than that of any other candidate. But there are so 
many slips between the cup and the lip, that I do not even pretend to 
prophesy. Mr. Calhoun is acquiring friends who will steadily aid 
him ; but it appears to me that he has very great obstacles to over- 
come, whether the choice be with the people or with the House of 
Representatives. I dare say I shall hear much and see much on 
the grand arena at Washington this winter. 

I have lately received a letter from Judge Jackson, in which ho 
speaks pleasantly of his reception in England. He says that the 
English are very reserved to jiersons who are not regularly intro- 
duced to them, but when certified of your character and domicil 
they are as hospitable and frank as any people. He thinks Ameri- 
can society is very much courted in England, particularly by the 
higher classes of society. He has received many civilities from 
accidental acquaintances, which gave him very favorable impres- 
sions. Fortunately, my letter to Lord Stowell was useful to him, 
for his lordship immediately called on him and showed him great 
civility. This leads me to say that I have lately received a letter 
from Lord Stowell, with a beautifully bound copy of his ecclesiasti- 
cal decisions in the Consistory Court in London, in two volumes. 
He apologizes for not having written me before, and states that ill- 
health, old age, and the death of friends have so absorbed his time, 
that he has voluntarily done nothing beyond his official duties. 
He mentions that the common-law courts are in a sad state. Lord 
C. J. Dallas, Chief Baron Richards, and the I^Lister of the Rolls 
(Sir T. Plumer), are in verj' ill health, and some of the puisne judges 
also; so that a good deal of the business is done by Serjeants, which 
does not give satisfaction. The sick judges cannot retire, because 
they have not served long enough to entitle them to the retiring 
pension. I was not before aware that there was any particular jje- 
riod fixed for this purpose. But you may see that everything in 
England settles down upon established usages. He mentions also 
the attacks in Parliament on Lord Eldon, and confidently believes 



277 



CllAl'lER VII. 



278 



Memoir of yereviiah Mason. 



Chapier VII. 



he can vindicate himself. When wc next meet you shall read it at 
large, and I am sure it will gratify you. By the way, I find by late 
English papers, that both Lord Eldon and Lord Stowell have been 
seriously ill. At their ages (seventy-five to seventy-seven), it can 
hardly be expected that they should be able to work much longer, 

but how their places are to be supplied, I cannot conjecture 

Yours most truly and affectionately, 

Joseph Story. 

jeremiah mason to daniel webster. 

Portsmouth, December 29, 1823 
Dear Sir, — I have seen the report of the Judiciary Committee 
of the last session, which you mention. The first mentioned project, 
of adding two more judges to the Supreme Court, is in my opinion 
entitled to very little consideration. The reasons mentioned against 
it in the report are sufficient. Another, and perhaps not less 
weighty reason, is that such increase of the number of judges would 
greatly lessen their individual responsibility, which with most men 
constitutes the strongest security for diligence and faithfulness in 
the performance of public trusts. 

Much better than that is the third proposal, which is to make two 
circuit courts for the Western States with judges, who arc not to be 
members of the Supreme Court. The want of courts in those 
States is certainly an evil, which Congress is bound in some way to 
remedy. The establishment of circuit courts there, on this plan, 
seems to furnish a ready remedy for the evil there. These courts 
will be anomalous in our system, but not more so than the present 
district courts in those States, with the powers of circuit courts, are. 
No objection arising from any provision of the Constitution against 
establishing such courts occurs to me. It will probably tend to a 
long continuance of irregularities in the system and mar its beauty. 
Congress will soon be pressed to establish similar courts in some 
of the present circuits, where, by reason of their great extent, or the 



Courts of the United States. 



age or infirmities of the judges assigned to them, it will be said they 
cannot discharge the duties of circuit judges. On the whole, I 
think this plan ought to be adopted, if nothing better can be done. 

But I prefer the second project in the report, which is to create 
circuit courts on the plan of those of 1801. The only objection 
against that mentioned in the report, is that those courts were tried 
and abolished. This rests wholly on party feelings. Whether 
those feelings have subsided sufficiently to do away the force of this 
reason, I cannot judge. The reason then urged, that the courts 
were unnecessary, cannot now apply with equal if with any force. 
Since the repeal of the act creating those courts, the poi)ulation of 
the United States has doubled, and the litigation in the courts more 
than twice doubled. 

Something like this plan must, I think, in the end be adopted, 
and if it would be done now it would be better than to postpone to 
a later period or introduce it by degrees. I think this desirable for 
many reasons. The jurisdiction of the courts of the United States 
ought to be enlarged to the extent of the Constitution, except in 
small cases of trivial importance. The courts are the only source 
from which the nation can hope for a system of jurisprudence 
worthy of it. From the States' courts nothing can be expected. 
The vacillating policy of our little petty States, leading to such fre- 
quent changes in the organization of their courts and more frequent 
changes of judges, forbids all hope of system or consistency in adju- 
dications. Of this the judicial history of New England for thirty 
years past furnishes sufficient evidence. 

The late resolution in New York tends to the conclusion that the 
large States have no better foundation for hope. For the business 
that ought to be done in the national courts, the present establish- 
ment does not afford a sufficient number of judges. I make no 
account of the district judges. When brought to act in matters of 
serious importance, as members of the circuit court, none of them, 
as far as I know, have been, or are of any value. Out of their own 
district courts they do nothing. This leaves the whole labor and 



279 



ClIAITKR VII. 



28o 



Memoir of Jeremiah Maso7i. 



Chapter VII. 



weight to be borne by the seven judges of the Supreme Court. In 
my opinion, they ought not to be made to bear either. In some of 
the circuits the judge of the Supreme Court can do the present 
business. That is the case in this circuit. The business here is 
probably now as well, and perhaps better, done than it would be by 
a court on the proposed plan. But this depends on the character 
of the judge, and the smallness of his circuit. It was very different 
during Judge Cushing's time. While he presided in the circuit 
courts, nothing of importance was or could be done there. And 
this at some period has been the case in other circuits. In some 
circuits the business is said to be too much for a single individual, 
in addition to his duties as judge of the Supreme Court. This has 
been said of the western circuit. But it seems to me improper that 
the business of a court of extensive and important jurisdiction 
should depend even on the health of a single individual. 

I think, also, there ought to be two sessions yearly of the Su- 
preme Court, which cannot be while the judges hold the circuit 
courts. Trials there are often delayed for want of time, to the 
great inconvenience of the parties. But what is still worse, decis- 
ions are sometimes made, and opinions drawn up and delivered, in 
haste to prevent the delay of another year. 

More courts and judges are also wanted for the purpose of ena- 
bling them better to defend themselves and their jurisdiction. In all 
the attacks on the judiciary, the judges of the Supreme Court, alone 
and unaided, have been obliged to fight the battle. The poor dis- 
trict judges have never been thought of in the attacks, or felt in the 
defense, — a larger corps of judges would afford more strength and 
stability. 

This course tends obviously to the extension and more thorough 
establishment of the judicial power of the national government, and 
for this reason will be apt to meet with opposition from those who 
are hostile to that power. How powerful such opposition would be, 
I cannot conjecture, although I think this the best plan, and that it 
ought not to be abandoned ; yet were I in your situation I would 



Preside7itial Prospects. 



not propose it at this time unless I saw a tolerable prospect of suc- 
cess. The attempt if unsuccessful would be injurious, as it would 
tend to put off the time of its final accomplishment to a period 
more distant than otherwise might be. 

Your motion in favor of the Greeks has produced some excite- 
ment. Our good people here talk of doing something by way of 
contribution. Mr. James Sheafe, and some others of the discreet 
merchants, say they fear it will offend the Turks and endanger their 
vessels in the Mediterranean. 

Yours truly, J. Mason. 



DAMi:i, WKUSTKR TO JEREMIAH MASON. 

Washin(;to\, ycbrnary 15, i8.'4. 

Mv DEAR Sir, — The caucus was holden last night, and you 
will see its result. The number attending was smaller than was ex- 
pected ; and it seems to me the measure is more likely to hurt than 
to help Mr. Crawford. You will observe that a majority of three 
States only attended. This is an awful intimation of what will be 
the consequence if the election should come into the House of 
Representatives; and I fully believe it must come there. It does 
on the whole now seem to me extremely probable that Mr. Craw- 
ford's prosjx'cts are at an end. Even with New York he can have 
little hope. The Pennsylvania Convention will meet the 4th of 
March, and I presume will nominate either Jackson or Calhoun, 
and probably the former. If so, Mr. Calhoun will be no longer a 
candidate. Then the question is, who will be the three candidates 
presented to the House. Mr. Adams certainly will be one. If 
Mr. Crawford gets New York, he will be one; but if he should not, 
and I doubt whether he will, he will not come in to nomination, in 
which case the other two will be Clay and Jackson. Mr. Crawford 
being out of the case, V^irginia, it is thought by Mr. Tazewell, 
would be not unlikely to go for Mr. Adams; and she might influ- 

3^' 



281 



CHArrER VII. 



282 



Memoir of yeremiah Mason. 



Chaptkk VII. 



ence Maryland and North Carolina ; so that the present aspect of 
affairs looks to me favorable to that gentleman. But the moon 
does not change so often as the prospects of these candidates. 
One thing is observable: they are all, just now, very civil toward 
Federalists. We see and hear no abuse of us except in some places 
in New England. I hope all our friends will see the propriety of 
keeping very quiet, at present. Our time for action has not come, 
but is approaching. I hope your election of governor will not be 
made to mingle Presidential matter with it. I presume the old 
democratic regular party, or its accustomed leaders in New Hamp- 
shire, will now feel authorized and obliged to support Crawford. 
Others of the party will not. There will of course be a schism, and 
it will be time enough six months hence to decide what course of 
conduct the case requires from Federalists. The election in Massa- 
chusetts is important in the same view. I think it not unlikely it 
may result in a Federal Legislature, which, if done without bring- 
ing up the question of President, may be of some importance. 
The Court is going on very well ; the business this term is likely 
to be not as heavy as usual. We have no opinion yet in the Steam- 
boat Cause ; but I presume there can be no doubt how it will go. 
The case of collision, is, I think, unquestionably made out; and I 
have no doubt the Court will decide, that so far as respects com- 
merce between different States ( which is this case), the law of New 
York is inoperative. Possibly the navigation of the New York 
waters between port and port in her own territory, may be subject 
to different consideration. I have as yet reported no bill on the ju- 
diciary, but incline to think we shall recommend a partial system of 
circuit judges. If we had more confidence as to the course the ap- 
pointing power would take, we might act differently. I find your 
Mr. Plumer, who is on the committee with me, a very pleasant and 
respectable man. I see more of him than of all the rest of your 
delegation. Of the compliments my Greek speech has received, I 
value your letter more than all ; for although you say of course as 
much as you think, I presume your real opinion is so favorable that 



Mr. Clay and Mr. Bartlett. 



^^Z 



you believe the speech reputable. I am quite satisfied with that. 
The motion ought to have been adopted, and would have been by 
a general vote, but for certain reasons which the public will never 
know, and which I will not trouble you with now. I could divide 
the House very easily on the subject now, and perhaps carry a vote. 
Whether I shall stir it asrain must be considered. Mr. Adams' 

O 

opposition to it was the most formidable obstacle. You saw how 
Messrs. Clay and Bartlett settled their matter, or, rather, how some- 
body else settled it for them. I presume you are right as to the 
motive which led Bartlett to speak a conned speech against my 
motion. That was all fair enough. At least I could not complain. 
But when he brought into debate his broad Dover court wit, I 
thought it better to settle the account on the spot. A similar 
motive, I fancy, influenced a few other creatures from New Eng- 
land ; but I am bound to say, that out of New England, I do not 
think it influenced more than two or three members. 

Mrs. Webster and our children here are quite well. We all send 
our love to Mrs. Mason and the family; among whom we hear you 
have the pleasure to reckon Julia Stockton. Her brother left here 
for home three days ago. He is to come back in a fortnight or 
three weeks. Yours always, 

U. Webster. 

CHRISTOPHER GORE TO JEREMI.VH M.VSON. 

BosTO>f, February 22, 1824. 

Mv DEAR Sir, — I thank you for a letter some time since received, 
and entertained hopes that you might visit our city while we re- 
mained in its precincts. The warm weather of yesterday, and aspar- 
agus from Waltham — not, however, from the open ground — excited 
a wish of being in the country. The storm of this day dissipates 
such desires, and we are content under the guardianship of Mr. 
Quincy. You will have seen the eloquent speeches of our friend 
Webster and others. Randolph was quite amusing, and many think 



ClIArTER VII. 



284 



Memoir of yeremiah Mason. 



ClIAI'TER VII. 



more wise and correct than usual. Indeed, it is generally considered 
here that after the flourish of Mr. Monroe and the members of Con- 
gress, the business ended as well as could be wished, though Pro- 
fessor Everett may be disappointed of a foreign mission. The 
House of Representatives, I fear, are more noxiously employed now 
in providing means for employing the Treasury and corrupting the 
people, under the title of promoting internal improvements. It 
remains to be seen if the new tariff can supply all that may be 
wanted for these purposes, should this, as I cannot but feel unwise, 
measure succeed. 

Crawford appears to have gained a nomination. The effect of 
this will be something in his favor. Whether the rebellious spirit of 
Democracy will resist Chandler and Co. is doubtful. Adams' sun 
does not appear very bright. His brother Democrats are willing to 
surrender him, if a caucus of true Republicans at Washington pre- 
fer another. 

Mr. O., you will see, is again before the public, not as a candidate 
for the chair of state, but as member of the Hartford Convention, 
which his opponents have rendered odious, and have tainted him so 
deeply with, that the dye can hardly be removed by his ink, though 
profusely spent 

When the spring opens and we return to the shades of Waltham, 
may we flatter ourselves with an expectation of seeing Mrs. Mason 
and yourself: leave room at least for one day from her relations in 
the city to visit her friends in the country. 

With our best regards to your wife and children, I remain. 

Ever faithfully yours, 

C. Gore. 

JEREMIAH MASON TO JOSEPH STORY. 

Portsmouth, Api-il 12, 1824. 

My DEAR Sir, — After congratulating you on your safe return 
from the fatigues of your session at Washington, I wish to inform 



Resignation of ytidgc SJierbiirne. 



285 



you that I have just received a letter from Mr. Webster saying that 
it is rumored at Washington that Judge Sherburne had resigned, 
but that official information had not been received of his resicna- 
tion ; that all the Representatives of this State, with the exception 
of Mr. Plumer, had signed a recommendation for Judge Liver- 
more as his successor ; that Mr. Parrott, also of the Senate, had 
signed the paper, and that Mr. Bell was restrained by considerations 
of delicacy. This information, Mr. Webster says, was communi- 
cated confidentially to him, and must be used accordingly. He has 
probably given you the same information, if not I am certain he 
could have no objection that you should know it. For the purpose 
of ascertaining how the fact as to the resignation was, two persons 
this forenoon, went in succession to Judge Sherburne and told him 
there was a rumor he had, or was about to resign. He replied to 
each of them that there was no manner of foundation for it ; that 
he neither had resigned nor intended to resign. NotAvithstanding 
this reiterated assertion, one of the gentlemen, who is very compe- 
tent to form a correct opinion, tells me that he is satisfied, from the 
Judge's manner of talking on the subject, that he either has re- 
signed or is in some negotiation for so doing. He says the Judge 
seemed to have his recollection better than usual for some time past. 
I am inclined to think that he has sent on his resignation to Wash- 
ington, to be delivered or retained, as may be thought best by some 
person there. I am very desirous that Nat. A. Haven, jun., should 
be appointed to this place, whenever there is a vacancy. He is in 
all respects suitable for it. You probably may recollect a conversa- 
tion we had last autumn with Mr. Webster. Under the present 
circumstances, it seems awkward to do anything, as it is possible 
Judge S. has not resigned, and I wish that may prove to be the 
case, for I fear the combined influence of our members of Congress. 
If no objection to such course occurs to you, I wish you would write 
one or more letters recommending Mr. Haven, and send them in- 
closed to Mr. Webster, to be used on such contingency as you may 
prescribe, or at his discretion, if you think best. I shall write to 



Chapter VII. 



286 



Chapter VII. 



Memoir of ycremiah Mason. 



be 



him in that way. But no great influence from this State can 

made against the united recommendation of our delegation 

With the greatest esteem, faithfully yours, 

J. Mason. 

JEREMIAH MASON TO DANIEL WEBSTER. 

PoRT.SMOUTH, April 12, 1824. 

My DEAR Sir, — It is rumored here that Judge Sherburne has 
resigned. The Judge peremptorily contradicts it, and says that he 
neither has nor intends to resign. Still, from what I have heard, I 
cannot but believe that there is something like a negotiation on the 
subject going on. 

In case the Judge shall resign, I am desirous that Nat. A. Haven, 
jun., should fill the vacancy. His fine natural talents, high legal 
and literary attainments, united with the most entire purity of mind 
and character, render him eminently suitable for a judicial situa- 
tion. If you will make his real merits known to the government, 
I have great confidence in the belief that he will be appointed. I 
am with the greatest esteem. 

Your friend and obedient servant, 

J. Mason. 



JEREMIAH MASON TO RUFUS KING. 

P0RT.SMOUTH, Apiil 13, 1824. 

My DEAR Sir, — I thank you for several packages of Congres- 
sional documents, which I have received during the present session 
under your frank. I have read your speech on the " Central Power," 
with much interest. It was in my opinion well timed and admira- 
bly calculated to awaken the public attention on a most important 
subject. The debate was rude, and, as reported, in some instances 
vulgar, and must consequently have been painful. This certainly 



Preside?itial Candidates. 



287 



ought to have been checked. But I do not comprehend the 
grounds on which the President ruled the subject-matter to be irrel- 
evant and out of order. The danger of this power is, I trust, fast 
becoming more palpable. It cannot bear open discussion. The 
attempt to exercise it on the late occasion seem to me to have been 
ill-judged. A very considerable portion of those intended to have 
been controlled, instead of submitting will go into open rebellion. I 
have done forming conjectures of the final result of the Presiden- 
tial election. The prospects of the candidates are more change- 
able than the moon. The newspapers, which hitherto have been 
the great engine for operating on public opinion, are for the most 
part suspected of being so thoroughly pledged for the support of 
their respected favorites that they have on this subject lost a part 
of their accustomed influence. 

All this quarter is supposed to belong to Mr. Adams, and so it 
does at the present time, and it is probable he may hold it long 
enough for his occasion; this, however, is not quite certain. He has 
few personal friends, and no very strong hold on their public feel- 
ings. A tremor in the popular pulse is often perceptible. His 
greatest security consists in the want of favor here for either of the 
opposing candidates, and not in attachment to him. 

I was sorry to see the public avowal of your determination to re- 
tire from the Senate at the close of the present Congress. 1 had 
entertained hopes that you would have retained your situation 
there for another term. Your retiring will create a vacancy which 
I have no expectation of seeing effectually filled. In whatever 
situation you may be, my warmest wishes for your j^rosperity and 
happiness will always follow you. I am, with the greatest es- 
teem, Most sincerely yours, 

J. Mason. 



Chaiter VII. 



288 



Memoir of yeremiah Mason. 



Chapter VII. 



DANIEL WEBSTER TO JEREMIAH MASON. 

Washington April 19, 1824. 

Dear Sir, — I hear nothing further about the resignation. The 
members here now think it has not taken place. I hope it has not. 
Possibly the events of the summer may enable you to get up a 
respectable interest for Mr. Haven. The Senate will probably take 
up the Tariff Bill to-morrow, and an attempt will be made to com- 
mit it to a select committee. It is generally thought the Senate 
will a good deal modify, or altogether reject the measure. But this 
is not very certain, as the majority is not large either way. We have 
heard a good deal of nonsense on this subject, and some of it from 
high quarters. I think you will be surprised at Mr. Clay's speech. 
It is printed, and I shall send you a copy. My speech will be 
printed, and you will get it.^ Whatever I have done in other 
cases, I must say that in this I have published it against my own 
judgment. I was not expecting to speak at that time, nor ready 
to do so. And from Mr. Clay's ending, I had but one night to 
prepare. The ideas are right enough, I hope, but as a speech it is 
clumsy, wanting in method, and tedious. We have rather a calm 
about the Presidential election. There is nothing in my opinion, at 
present, to change the expectation that Messrs. Adams, Crawford, 
and Jackson will come to the House. In two or three days, I 
believe we shall try to fix a day for adjournments. I hope very 
much to get home before you go to Concord, and see you. I will 
keep you informed of the events bearing on this point, and if I get 
home, you must come up to Boston. Among other things, hope 
you mean to district the State for the choice of members to Con- 
gress. My great business of the session remains yet undone, that 
is, to get through the law for paying the Spanish claims. We ap- 
prehend some trouble about it from quarters where we did not ex- 
pect it. Mr. King thinks we ought to take stock, payable, both 

1 This was Mr. Webster's speech on the tarifi", delivered in the House of Representatives April 
2, 1824. 



Charges against Air. Crawford. 

as to principal and interest, out of the Florida land sales! I hope 
he will withdraw his opposition to the proposed bill ( which pro- 
vides for payment in cash), or that we shall be able to overcome it. 
Mrs. W. and the children are very well. We all begin to be very 
desirous of going home. Please remember us most affectionately 
to your family. Yours very truly, 

D. Weuster. 



RUFUS KING TO JEREMIAH MASON. 

Washington', April 2^, 1S24. 
Dear Sir, — The newspapers will have apprised you of the 
proceedings of the House of Representatives upon the receipt of 
the letter of Mr. Edwards, preferring charges against the Secretary 
of the Treasury.' The committee, composed of able members, of 
whom our friend W. is one, have dispatched the deputy sergeant- 
at-arms to Illinois, to require the attendance of Edwards before the 
committee for examination. Whether they will serve the Secretary 
of the Treasury with a copy of Edwards' memorial, and call for his 
defense, I have not heard, nor has there yet been time for considera- 
tion and decision. The fact is the proceedings are of first imi)rcs- 
sion, and the course is to be discovered and adopted by the commit- 
tee. I have reason to think that your counsel would be useful, and 
lead to confidence in the prosecution of this affair. The joint com- 
mittee have agreed to recommend to the two Houses to adjourn on 
the 17th of May, and there is now no reason to believe that Edwards 
will be able to appear before the committee by that day. If the 
committee search the charges to the bottom, it will require several 
weeks; and this cannot be done without the personal examination of 

' On the 19th clay of April, 1S24, Nini.in Edwards, formerly United States Senator from Illinois, 
presented a memorial to the Mouse of Keprescnlativcs, containing serious charges ag.ainst Mr. Craw- 
ford, Secretary of the Treasury. A committee to whom the memorial was referred, fully exonerated 
Mr. Crawford ; in consequence of which Mr. Edwards was rcipiireil by the President to resign his ap- 
pointment as Minister to Mexico, and also to refund the outfit .ind quarter's salary he h.ad received. 
37 



289 



CUAI'TEK VII. 



290 



Chapter VII. 



Memoir of yeremiah Alason. 



Edwards. Congress may continue in session, or authorize the com- 
mittee to proceed in recess, and adjourn to some earlier period tlian 
the usual time of meeting, to receive the report of the committee. If 
Edwards fails to make good his charge, he is destroyed. Such are 
the feelings of Crawford's party. If the charges, etc., be made good, 
another man will be overthrown. Thus you see that these are no 
ordinary measures. It may be attempted to smother or suppress 
the investigation by a partial report that may exculpate Edwards as 
a false accuser, and in this way acquit Crawford. The practicability 
of doing this must be very doubtful. I am inclined, without know- 
ing, to conjecture that the committee will be disj)oscd to go to the 
bottom of the charges, let the decision affect whomsoever it may. 
I pray you to consider well and answer with as little delay as you 
can. Should not the proceedings assume the form of precise an- 
swers to charges, instead of general denials and references to corre- 
spondences and documents which may prove nothing precise, and 
the meaning of which it may be difficult to make out.? 
With great respect and esteem, I am, dear Sir, 

Your obedient servant, 

RuFus King. 



DANIEL WEBSTER TO JEREMIAH MASON. 

Washington, May 9, 1824. 

Mv DEAR Sir, — It seems now to be extremely uncertain whether 
I shall see you before you go to Concord. The Houses will prob- 
ably not agree to adjourn until the 20th or 25th, and I may be 
detained beyond that time, as the commission of Spanish claims 
closes the 8th of June. 

There are several things on which to say a few words, which I 
must write, since there is so little hope of a communication, ore 
ten us. 

First, as to President. I have not observed any great recent 
change, in appearance, as to this election. Mr. Adams appears. 



Presidential Candidnfcs. 



however, to be increasing in strength. The novelty of General 
Jackson is wearing off, and the contest seems to be coming back to 
the old question between Mr. Adams and Mr. Crawford. They, 
with Jackson, will, I think, come into the House; and my belief at 
present is that Mr. Adams will be chosen. ikit Mr. Crawford's 
friends are, nevertheless, as confident as ever. As to the feelings 
of these two gentlemen and their friends toward Federalists, you 
knovv my opinion. It has not essentially changed, except that cir- 
cumstances have compelled them all to treat us with increasing re- 
spect. The events of the winter, with the common operation of 
time, have very much mi.xcd up p-ederalists with some or other of 
the parties, and though it is true that some men make great efforts 
to keep up old distinctions, they find it difficult. Of Mr. Crawford's 
friends, the South are liberal and the North are not. I have reason 
to think the caucus address very disagreeable to Mr. C. himself, 
and many of his friends. It was the work of the North. Mr. 
Adams, I think, sees also that exclusion will be a very doubtful pol- 
icy, and in truth I think a little better of the kindness of his feeling 
toward us, than I have done. I have always taken it for granted 
that Mr. Adams would get New Hampshire, certainly, as against 
Mr. Crawford, if for no other reason, on account of Mr. C.'s support- 
ers there. At least I have not seen how Federalists could possibly 
join with those who support Mr. C. The company he keeps at the 
North is my strongest objection to him. I hope you will get 
through the session without committing yourselves. The electors, 
I presume, will be chosen by the people ; and you will see perhaps 
clearer in August or September than in June. Still I fancy you 
will find a very great majority of the Legislature favorable to Mr. 
Adams. 

As to Senator. I feel much more interest on this subject than 
the other. I have constantly cherished a sort of hope that you 
would consent to come here once more, and that events might pos- 
sibly bring you in. How that is, I cannot now see, at this distance; 
but if the good people are w^illing you should come, I hope most 



291 



Chaiter VII. 



292 



CUAPTKU VII. 



Memoir of yeremiah Mason. 



earnestly you will. I like Mr. Parrotts course and conduct very 
well, and should much prefer him to any others likely to be chosen, 
unless it be yourself. He could undoubtedly be provided for, under 
the next administration, in some agreeable mode, as he is generally 
respected. If, however, it comes at last to a question between him 
on one side, and Governor Woodbury, or Governor Morrill, etc., etc., 
on the other, I think there ought not to be a moment's hesitation. 
I trust you will not forget the districting of the State. That is a 
great operation, as far as it is desirable to complete the destruction 
of the caucus system. 

We do not yet hear from Mr. Edwards. Some think he will not 
come back in season for this session. I imagine we shall \yait till 
about the 24th, and if he is not here by that time that Congress 
will adjourn, leaving the commission to take his evidence when he 
comes. There will be a great call for a Report, as far as practica- 
ble, before the House adjourns, which perhaps must be made. 

Our bill for paying the Spanish awards, which I told you was 
with me the great business of the session, has passed the House. 
It was violentfy opposed, however, by Mr. Clay, Mr. Randolph, and 
others. Strange as you may think it, Mr. King has a great inclina- 
tion to oppose it in the Senate. I trust, however, he will finally not 
do so. It will pass, I hope, without great difficulty. If it should, 
the awards, I presume, will be paid immediately after the 8th of June. 

Mrs. Webster sends her love to your household. We are all 
quite homesick. Yours always, 

D. Wehster. 

It will be observed that Mr. Webster in this letter speaks of Mr. 
Mason's return to the Senate of the United States as an event 
which might happen. There was a strong desire on the part of his 
friends that he should resume the place he had formerly filled with 
so much honor to himself and so much usefulness to the country ; 
and the state of politics at that time seemed to favor their wishes. 
By the gradual melting away of the federal party, the old political 



Mr. Mason a Candidate for the Senate. 



29> 



divisions had ceased to exist, and new lines had not yet begun to 
be drawn. PoHtics were in a transition state, and votes were deter- 
mined mainly by personal preferences for the four candidates for 
the Presidency : Mr. Adams, General Jackson, Mr. Crawford, and 
Mr. Clay, all of whom were members of the old republican party. 
All the New England States, New Hamjjshire included, supported 
Mr. Adams ; and Mr. Mason, who distinctly preferred him to any of 
his rivals, once more found himself on the side of the majority. 

Mr. Mason in 1824 was, for the last time, a member of the New 
Hampshire House of Representatives from Portsmouth ; but as he 
was a candidate for the United States Senate, he appears to have 
taken comparatively little part in the proceedings of the Legislature. 
Though there were at that time no divisions on national politics, yet 
a majority of the House were members of the re]niblican party ; and 
in the Senate, which was only twelve in number, all but one had 
been Republicans. 

There were at that time two sessions of the Legislature in New 
Hampshire — one in June and one in November. At the June ses- 
sion there was a strong and general sentiment in favor of Mr. Ma- 
son, but by common consent, the election was postponed to the 
November session, when the result of the Presidential contest 
would be known. But all were disappointed in this expectation, 
because, as is well known, there was no election of President by the 
people in the autumn of 1824. The vote of New Hampshire, as 
well as of all the other New England States, had been given to 
Mr. Adams. 

In the interval between June and November, the question of 
United States Senator had been discussed all over the State with 
more interest than the claims of the rival candidates for the Presi- 
dency, and the public sentiment had been expressed so strongly in 
favor of Mr. Mason, that his friends confidently expected that he 
would be chosen without opposition at the November session. 

In the mean time, Mr. Plastman, a State Senator, and brother-in- 
law of Mr. Levi Woodbury, had been elected to Congress. 



Cn\nFK VII. 



294 



CHAri'KK VII. 



Memoir of ycremiaJi Mason. 



Tlie Legislature met November 17, 1824, and on the 30th of the 
same month Mr. Mason was chosen United States Senator by a 
vote of more than two thirds of the whole House. This was com- 
municated to the Senate, as was then the custom, in the form of a 
resolution naming the person chosen. 

On the 3d day of December, after several ballotings, the Senate 
elected Mr. William Plumer, jr., at that time a member of Congress. 
A special message was then sent to the House, informing them 
that the Senate concurred in passing the House resolution, with an 
amendment, striking out the words " Jeremiah Mason," and insert- 
ing " William Plumer, jr." ^ 

On the same day the House non-concurred, thus adhering to Mr. 
Mason, by a vote of 142 nays to 58 yeas. 

On the 7th of December, the Senate chose John F. Parrott ; and 
on the next day the House non-concurred by a vote of 158 nays to 
42 yeas. 

On the lothof December, the Senate elected Samuel Dinsmoor ; 
and for the third time the House refused to concur, the vote being 
1 1 2 nays to 77 yeas. 

On the 2 1st of December a motion was made in the Senate to 
concur with the House in the choice of Mr. Mason. It was affirmed, 
and never denied, that seven members had pledged themselves to 
vote in the affirmative, but upon a count the ballots were six to six. 
The pledges had been so distinctly given that it was at first thought 
there had been a mistake in the count. A scene of much excite- 
ment followed in the Senate. A motion was made to raise a com- 
mittee to inquire and report whether any error had been made in 
counting the votes, but after some discussion it was rejected. Pub- 
lic opinion charged Mr. Eastman with having voted contrary to his 
pledge, and the charge was never satisfactorily met. He served in 

1 Willi.im H. V. Hackett, Esq., of Portsmouth, at that time assistant clerk of the Senate, was the 
bearer of the message to the House on thi.s occasion. It was delivered by addressing the speaker, 
and announcing the amendment. As Mr. Hackett turned to go back to the Senate chamber, he 
passed Mr. Mason, who vv.as standing before the fire in a corner of the Representatives Hall, and 
with a smile said to him, " Good-morning, Mr. Hackett, I see you propose a trifling amendment." 



Mr. Mason not elected Senator. 



295 



Congress but a single term, and failed of a reelection mainly, as was 
supposed, on account of the cloud cast upon him by his course on 
this occasion. 

The result was that the session closed without any election 
of United States Senator, and at the June session of 1825, Levi 
Woodbury was chosen by both branches of the Legislature, he be- 
ing at that time a supporter of Mr. Adams, though, as is well known, 
he soon became a zealous and trusted adherent of General Jackson. 

This account of Mr. Mason's defeat may seem more full and par- 
ticular than its importance demands; but it is curious as showing 
by what slight obstacles the course of events is often turned aside, 
and what grave results are produced by trivial and accidental causes. 
Mr. Mason would undoubtedly have gone to the Senate had not 
Mr. Eastman, one of his electors, been a brother-in-law of Mr. 
Woodbury, and had he not believed that his kinsman would have 
the best chance for the place if Mr. Mason were finally unsuccess- 
ful. 

It is much to be regretted that the efforts of Mr. Mason's personal 
and political friends to return him to the Senate were not successful. 
He would at once have taken the place of a leader in that body, 
and being a supporter of the administration, he would have had a 
much more important share in the government and legislation of the 
country than in the days of Mr. Madison, when, being one of a hope- 
less minority, he could do little more than modify and criticise the 
work that was prepared by others. Mr. Adams would have found 
in his judgment and firmness a tower of strength to his administra- 
tion. He would have always given faithful and disinterested coun- 
sel, and his calm and passionless wisdom was exactly what a man 
of Mr. Adams' peculiar temperament wanted. And to Mr. Mason 
personally a residence in Washington would have been more agree- 
able than it had been ten years before. In the interval Washington 
had made some progress in social and material civilization. The 
manner of living was more comfortable, and a more congenial soci- 
ety would have made him feel less keenly his absence from home. 



ClIAI'lKK VII. 



296 



Memoir of Jere77iiah Mason. 



CUM'TKR VII. 



His high professional reputation could hardly have failed to bring 
him a fair amount of business before the Supreme Court of the 
United States. And, lastly, the means of conveyance had improved, 
and his journeys to and from Washington would have been less 
disagreeable and fatiguing. 

Mr. Mason bore his defeat with more equanimity than did his 
friends. He was indeed in that happy state of indifference which 
did not require him to affect what he did not feel, or conceal what 
he did feel. As a matter of duty, he was ready to accept the trust 
if it were offered to him ; otherwise, he was well content to remain 
at home with his family and his clients. In his heart of heart he 
was probably more than content with a result which prevented him 
from embarking a second time on the stormy sea of politics. 

And it may be proper here to state that the surviving members 
of Mr. Mason's family now look back with satisfaction upon a result 
which saved him from being again exposed to the turmoils and 
excitements of political life. They feel that while a further term 
of six years in the Senate would have been a gain to him so far as 
fame was concerned, it would have been a loss on the score of hap- 
piness. A more widely extended national reputation would have 
been but a poor compensation for the annoyances and discomforts 
to which he must have been exposed. His stern integrity, his high 
sense of public duty, his disdain of the tricks and devices by which 
party success is secured, and his blunt sincerity of speech, if they 
did not disqualify him for public service, made the calm and unam- 
bitious walks of professional life far more to his taste. 



CHAPTER VIII. 



Mr. Mason's Life and Correspondence from the close of 1824 till his removal to 
Boston in 1832. — Death of his Son Alfred. — Chosen President of the Branch 
Bank of the United States at Portsmouth. — His Policy in managing its Business. 
— Opposition awakened by his Course. — Successful Defense against the Charges 
brought against him. 

D.WIEL WEBSTER TO JEREMIAH M.\SON. 

February 14, 1825. 

DEAR SIR, — You will have heard that Mr. Crawford declines 
the Treasury. I have understood his reason to be, that he pre- 
ferred to leave his friends in a situation to supj3ort or oppose the 
government as they might hereafter think their duty required, 
without embarrassing them by his own connection with the admin- 
istration. The Department of State is offered to Mr. Clay. He 
has it under advisement. It is thought to be doubtful whether he 
will accept it ; but my own opinion rather is that he will. Nothing 
further is known, and I have no secrets. Mr. Cheves' name is men- 
tioned, in conversation, for the Treasury. l)e Witt Clinton, Mr. 
McLean, Postmaster-general, and one or two others, have been sug- 
gested as candidates for the War Department. But these are, I 
presume, all rumors, and nothing more is known or decided at 
present. Mr. Wirt and Mr. Southard, it is understood, will remain 
in their places. I took care to state my own views and feelings to 
Mr. Adams, before the election, in such a manner as will enable 
me to satisfy my friends, I trust, that I did my duty. I was very 
distinct, and as distinctly answered ; and have the means of showing 
precisely what was said. My own hopes, at present, are strong that 
Mr. Adams will pursue an honorable, liberal, magnanimous policy. 

3S 



Chapter 
VIII. 



298 



Memoir of ycremiah Mason. 



C IIAI'IKI 

Via. 



If he does not, I shall be disappointed, as well as others, and he 
ivill be ruined. Opposition is likely to arise in an unexpected quar- 
ter, and unless the administration has friends, its enemies will 
overwhelm it. It is not necessary, in writing to you, to deny the 
rumor, or rumors, which the press has circulated, of a place provided 
for me. There is not a particle of probability of any such offer. 
My own sentiments about those things are very much as they were 
when I saw you. The Court is going on slowly. Judge Story has 
very much recovered his health, and is in good spirits. The Chief 
Justice is uncommonly well. I hear little from your State. If you 
have half an hour from courts and juries I should be glad to hear 
from you. Yours as always, 

D. Webster. 



DANIEL WEBSTER TO JEREMIAH MASON. 

Boston, April 19, 1S25. 

My dear Sir, — I thank you for your kind letter. You do not, 
and cannot overrate the strength of the shock which my brother's 
death has caused me. I have felt but one such in life ; and this 
follows that so soon, that it requires more fortitude than I jjossess 
to bear it with firmness, such perhaps as I ought. I am aware that 
the case admits of no remedy, nor any present relief; and endeavor 
to console myself with reflecting, that I have had much happiness in 
lost connections ; and that they must expect to lose beloved objects 
in this world who have beloved objects to lose. My life, I know, has 
been fortunate and happy beyond the common lot; and it would be 
now ungrateful as well as unavailing to repine at calamities of 
which, as I am human, I must partake. But I confess the world at 
present has for me an aspect anything but cheerful. With a multi- 
tude of acquaintances, I have few friends. My nearest intimacies 
are broken, and a sad void is made in the objects of affection. Of 
what remains dear and valuable, I need not say that a most precious 
part is the affectionate friendship of yourself and family. I want to 



Mr. King Minister to England. 



-■ e you very much indeed, but know not whether I shall be able 
-oon to visit Portsmouth. You will be glad to know that my own 
health is good. I have never, for ten years, got through a winter, 
without being more reduced in health and strength. My children 
also are well. Edward is at Boscawen, where he will probably stay 
this summer, or as long as the family may be kept together there. 
Daniel hopes to go to college in August. Julia proposes to pass the 
summer, or part of it, with Mrs. Lee, and must afterwards be dis- 
posed of as best she may. This occurrence is calculated to have an 
effect on the future course of my own life, and to add to the induce- 
ments already felt, to retire from a situation in which I am making 
daily sacrifices, and doing little good to myself or others. Pray give 
my love to the family. 

Yours affectionately and entirely, Daniel Webster. 



299 



ClIAI'TER 
VI II. 



JEKEMI.VII M.\SON TO RLFl'S KING. 

Portsmouth, A/ml 2^, 1825. 

Mv i)i;.\R Sir, — I was for many reasons rejoiced to hear of your 
appointment as minister to England. Again seeing your old friends 
and acquaintances there must, I presume, be gratifying to you per- 
sonally, and, I am sure, it will prove advantageous to the public. 

This appointment also indicates that Mr. Adams does not intend 
to pursue the miserable course of his three predecessors. 

In a letter just received from Mr. Gore, he says you are to embark 
soon, but that you have an intention of visiting him first, and that 
he will notify me when you will be at W'altham. 1 should be 
highly gratified by seeing you here, but if that cannot be, I will cer- 
tainly avail myself of the opportunity of seeing you at Waltham. 

The Circuit Court of the United States sits here 9th May one or 
two days, which I must attend. At any other time during the en- 
suing month I can go to Waltham. 

I am with great esteem, your obliged friend and obedient ser- 
vant, J. Mason. 



300 



CHAI'IER 

VIII. 



Mcmoii' of y crania h Mason. 



RUFUS KING TO JEREMIAH MASON. 

Jamaica, L. I., May 3, 1825. 

Mv DEAR Sir, — Last evening I received your letter of the 29th 
past. Tlie mission to Great Britain was wholly unexpected by me, 
and not desired on my part ; the offer of the President was accom- 
panied by expressions of some solicitude for the satisfactory adjust- 
ment of all depending questions with England, and the determina- 
tion to make sincere efforts to effect the reunion of political parties. 

In these subjects I felt a deep interest, and it was suggested that 
they would be promoted by my appointment to the mission to 
Great Britain. Being undecided, I asked time for consideration, 
to confer with my family and to consult a few friends. 

This was not deemed unreasonable, and the result has been, that 
I have accepted the mission, on which I may proceed in the month 
of June, accompanied by my eldest son, his wife, and a portion of 
their children. This arrangement will afford me the comfort and 
kindness of home, instead of being entirely dependent upon stran- 
o-ers. It would give me much satisfaction to meet you and other 
friends before my departure, but this will not happen, as I shall not 
be able to make my visit to our friend Mr. Gore, having, though a 
man of few affairs, so many concerns to attend to that I shall not 
have the necessary time. 

With great respect and esteem, I am, my dear Sir, your obedient 
and faithful servant and sincere friend, Rufus King. 



DANIEL WEBSTER TO JEREMIAH MASON. 

Washington, March 27, 1826. 

My DEAR Sir, — During the session of the court, I had not lei- 
sure to attend to general correspondence. You must receive this 
as an excuse for leaving your letter so long unanswered. It hap- 
pened, luckily enough, that the House of Representatives were 
occupied on no very interesting subjects, during my engagements 



The Panavui Ouestion. 



elsewhere. You see Panama in so many shapes that you probably 
expect to receive no news in regard to it. The importance of the 
matter arises mainly from the dead set made against it in the Sen- 
ate. I am afraid my friend Calhoun organized and arranged the 
opposition. He expected to defeat the measure. That would have 
placed the President in his power, more or less, and if the thing 
could be repeated on one or two other occasions, completely so. 
Mr. Adams, then, would have been obliged to make terms, or he 
could not get on with the government, and those terms would have 
been the dismissal of Mr. Clay. As far as to this point, all parties 
and parts of the opposition adhere and cohere. Beyond this, prob- 
ably, they could not move together harmoniously. \'ast pains were 
taken, especially with new members, to bring them to a right way 
of thinking. Your neighbor was soon gained. At the present 
moment, some who acted a violent part in the Senate wish to have 
it understood that they are not, therefore, to be counted as mem- 
bers of a regular opposition. I have been informed that Mr. Wood- 
bury and Mr. Holmes disclaim opposition. Others again say they 
had not full information, and complain of that. Others make quo- 
tations of sentences, words, or syllables, from the documents, and 
carp at them. But you see all. In the House of Representatives it is 
likely the necessary money will be voted by thirty or forty majority. 
We may have a week's debate. Our Massachusetts claim came up 
on Saturday. One of the Jackson men attacked it with great bit- 
terness. Generally speaking, they are exasperated with all men, 
and everything, that ever did. or is ever likely to oppose General 
Jackson. The Bankrupt Bill will be taken up, shortly I hope, in 
the Senate. If it shall come down to us, I shall press it hard. If 
the Senate reject it, I shall not think it worth while to introduce the 
discussion into our House. I observe the state of your recent elec- 
tions. As between Governor Morrill and General Pierce, I suppose 
you found it difficult to make a choice. It appears to me your lead- 
ing men are likely to classify themselves as opponents of Mr. Adams. 
Is it, or is it not, desirable to bring things as fast as possible to that 



;oi 



CHAI'TRR 

via. 



302 



Memoir of yeremiah Mason. 



Chapter 
VIU. 



issue ? The Congress election takes place next fall. Would it 
not be well to set up a good strong ticket, and vote for it ? Of the 
gentlemen now in the House of Representatives I do not reckon 
more than one or two, or three at most, who are really and truly in 
favor of the present administration. It is possible, however, that 
they may keep themselves from any overt and palpable acts of op- 
position. If it would do any good, I suppose means might be found 
to have letters addressed to Governor Morrill on this matter. Mr. 
Bell seems uncommonly zealous, and determined in favor of the 
President, and acts a liberal and manly part in recent and present 
occurrences. The real truth is, that Mr. Adams will be opposed 
by all the Atlantic States south of Maryland ; so would any other 
Northern man. They will never acquiesce in the administration of 
any President on our side the Potomac. This may be relied on, 
and we ought to be aware of it. The perpetual alarm which is kept 
up on the subject of negro slavery, has its objects. It is to keep 
the South all united and all jealous of the North. The North- 
western States and Kentucky are at present very well disposed. 
So is Louisiana. Tennessee and Alabama will agree to anything 
or oppose anything, as General Jackson's interests may require. 
The Crawford men in Georgia will doubtless go in the same direc- 
tion. In North Carolina, there are some who prefer Mr. Adams to 
General Jackson, and in Virginia it may be doubted whether the 
General can be effectually supported. Virginia says little about the 
men whom she would trust, and opposes those actually in power. 
In our House, however, the Virginia phalanx of opposition is not 
formidable. More than a third in number may be reckoned favor- 
able. There is some reason to think the Jackson fever begins to 
abate in Pennsylvania, and doubtless it is over in New Jersey. Un- 
der these circumstances, if New York and New England go steady, 
it is not likely that the South will immediately regain the ascendency. 
The news from England does not represent Mr. King's health as 
entirely restored. He is able, however, to attend to business. 

Yours very truly, D. 'Webster. 



Mission to England. 



;o- 



DANIEL WEBSTER TO JEREMIAH MASON. 

(Private.) 

Washington, May 2, 1826. 
My dear Sir, — Letters came yesterday from Mr. King desir- 
ing his recall, and proposing that he may be permitted to return, as 
soon as possible, to the United States ! This is unlucky. It is a 
very unseasonable termination of that mission, and perhaps will 
settle some things not exactly as might be wished. The truth is, 
that Mr. King's health has been such, that he has been able to do 
nothing since he arrived in England. In the mean time, two or 
three things intrusted to him are of pressing and urgent importance, 
so much so, that I think it probable the President had determined 
to send out somebody to aid Mr. King in the negotiation, and then, 
perhaps, to proceed to France to act in conjunction with Mr. Brown, 
in renewed effort to obtain indemnity from the French government 
for spoliation, etc. I imagine it would have been thought advisable, 
under all circumstances, to have intrusted this special service to 
Mr. Gallatin. Mr. King's resignation has changed the state of 
things. I have not seen the President, since the news came, but I 
have seen Mr. Clay, who gave me the information. I incline to 
think the course will now be, to send Mr. Gallatin immediately to 
England to take Mr. King's place. Mr. Gallatin, I was told, was 
willing to go on a special, but not on a permanent mission. He 
does not wish, it is said, to be obliged to take a house or any estab- 
lishment abroad, being rather desirous of husbanding his outfit, 
etc. What may come of this, I cannot tell ; but see no way but to 
leave things to take their course. My impression, at present, is, 
that it would be unseasonable at present to make any movement to 
give another direction to the affair. The Judiciary Bill is yet be- 
tween the two Houses. It may possibly be lost, but I think it will 
not be. If the Senate do not yield their amendment, probably we 
shall agree to it. A pretty satisfactory arrangement will be made 
as to the judges. The present Postmaster-general will be named. 



Ch.mtkr 
VIII. 



104 



Memoir of yeremiah Mason. 



Chapter 
Via. 



in case Ohio be separated from Kentucky ; otlierwise, I conjecture 
the judge in that quarter will be N. F. Pope, at present district 
judge of Illinois. In Louisiana, I presume, a Judge Porter will be 
appointed; in Tennessee, either a Mr. Emerson or a Mr. Crabbe ; 
I hope the former. In looking out for men for these places, a very 
honest and anxious desire is felt, I believe, to find men who concur 
in the leading decisions of the Supreme Court. If any error be 
committed on that point, it will be through misinformation. I in- 
tend to be home by the 22d or 23d of May. There remain no pub- 
lic subjects of great interest, except the Bankruptcy, which has 
breezed up, somewhat too late, in the Senate. 

Be kind enough to give our love to Mrs. Mason and the children. 
As the Judge will be with you about this time, you may show him 
this. Yours always truly, 

Daniel Webster. 



DANIEL WEBSTER TO JEREMIAH MASON. 

Boston, May 31, 18^6. 
My dear Sir, — We all arrived safe home, at the end of last 
week. The fatigue of the journey, the heat of the weather, and other 
causes, occasioned me an illness of two or three days, which I am 
getting over. All the rest of the family are quite well, and would 
be very happy, but for the loss of our neighbor Mrs. Blake. You 
will readily imagine that this affects us much. Mr. Blake is recover- 
ing his tone of mind much faster than I expected. His health is 
uncommonly good, and I hope we shall find ways to soothe his sor- 
row for his immediate loss. I have not been out yet, and know noth- 
ing of what is doing or intended here. Your last letter I received 
recently before leaving Washington. I have not been inattentive 
to New Hampshire affairs. I have had many and full conversations 
with Mr. Bell, and he has gone home with the best intentions. He 
will be at Concord the second week of the session ; and I have no 
doubt he will take a straightforward course. He is fully satisfied 



New Hampshire Politics. 



Z^S 



oi liic luiiy of our divisions at home; he is ready to denounce that 
folly, and to conjure his friends to abandon it. He means to rally 
the republican friends of the administration ; and, if necessary, he 
will break with Hill. These, 1 believe, are his views and purposes. 
What he can do, or how far he will succeed, is more than I know. 
There is one great danger, and that is, that Hill will affect to con- 
form, promise to come off from opposition gradually, and finally to 
come into the support of the administration, and by this course 
prevent an open rupture. Now all this, in my judgment, would 
be but giving Hill new credit, by which he would work more mis- 
chief in the end. He cannot be trusted in any promise or en- 
sracrement which should bind him to a course of honest and liberal 
politics and manly feeling. For running an opposite race, he may 
be trusted without any promise at all. Even if the road led away 
manifestly from his own interest, he would follow it. Whether it be 
possible to strengthen Mr. Hell on this point, I know not. Possibly 
something may occur to you, and therefore I have made the sugges- 
tion. I understand that Mr Bartlett, a few days before the. adjourn- 
ment, made a decided profession of friendship for the government, 
and of his intention to support it hereafter, bo7ia Jidc. This I learn 
in confidence. Dr. Whipple is well disposed. Healy, who went 
there an oppositionist, seems really to have been converted ; and 
Brown and Eastman probai:)ly are not ready to run against the cur- 
rent of things at home. I doubt, therefore, whether much opposi- 
tion could be raised to the reelection of your present members, on 
the ground of their being in opposition. None of them would ac- 
knowledge the fact, unless, possibly, Mr. Harvey might. I think the 
present moment not unfavorable to our operation ; and unless it 
be evaded, by the means 1 have mentioned, I should expect good 
from it. 

I shall come down to see you one of these days, though I yet 
cannot say exactly when. I have nothing before me for the summer 
likely to occupy me much. 

I am, dear Sir, very truly yours, P. Webster. 

30 



Chapter 
VIII. 




Chapter 
VIII. 



Alemoir of ycremiah Mason. 



JOSEPH STORY TO JEREMIAH MASON. 

Salem, August 26, 1826. 
My dear Sir, — I have been delayed in writing you by the hope 
that Chief Justice Marshall might send me a favorable answer. I 
received a letter three or four weeks ago from him, in which he 
expressed a strong opinion that he should be unable to attend Com- 
mencement. But as his son had since that time resumed his con- 
nections with the college, I had indulged the belief that he might 
yet change his mind. There is no longer any hope that he will 
o-ratify us by his presence. I have written my discourse not without 
much trouble and anxiety of spirit ; and conscious after the late 
splendid exhibitions at Boston and elsewhere, I shall have but little 
chance of satisfying an audience already wrought up to the highest 
point by these admirable funeral discourses, especially by Mr. 
Webster's. My own discourse is principally of a merely literary 
cast, and perhaps somewhat heretical and somewhat admonitory. 
What will be its effect I cannot pretend to foresee ; and I wish with 
all my heart the thing was fairly off my hands. In the conclusion I 
have taken a brief though not a cold notice of our friend Haven. I 
dare not say that you will be repaid by visiting us on such an occa- 
sion, and yet I will not disguise how greatly your presence would 
cheer me and comfort me. Mrs. Story has just recovered from an 
attack of the scarlet fever and throat distemper ; she is able to go 
out but is somewhat debilitated. She intends visiting Cambridge 
at Commencement, and my own engagements will necessarily carry 
me thither on Tuesday afternoon. 

In great haste, I remain, with the truest respect, yours affec- 
tionately, Joseph Story. 

p. S. — If you should come, the P. B. K. Society will expect the 
favor of your company to dinner. We somewhat expect the Pres- 
ident and government. 



IVebsfers Discourse on Adams and ycfferson. 307 



JEREMIAH MASON TO JOSEPH STORY. 

Portsmouth, August 27, 1826. 

My dear Sir, — I was about to write to you when I received 
your letter of yesterday. I had determined to attend Commence- 
ment at Cambridge, for the sake of hearing your oration, and I feel 
disappointed and mortified that I cannot. I have just returned from 
a three weeks' attendance on our courts, and am a good deal indis- 
posed. My complaint is of a nature that threatens me with the 
visitation of a confirmed dysentery, which at this season and with 
this weather must be guarded against. I fear a journey, with the 
excitement attending the occasion, might prove seriously injurious. 
I feel the more mortified by this disappointment, as you are so kind 
as to say my presence would be gratifying to you. I assure you, 
my dear sir, no ordinary obstacle should deprive me of the pleasure 
I anticipated from hearing your discourse. Your anxiety to find 
yourself well through your undertaking, is natural, and to a man of 
easy excitability, unavoidable. 1 have, however, no fear of the result. 
I feel quite sure that you will fully satisfy the expectations and 
wishes of your friends. 

Of Mr. Webster's oration, I think highly. It will in my o])inion, 
not only sustain his former rejiutation, but increase it. Some parts 
are truly eloquent, and he has managed the whole with admirable 
address. 

We had not heard of Mrs. Story's sickness, and are glad with 
the first notice of it to know she is so nearly recovered. Please 
to present my and Mrs. Mason's best regards to her. 

I am, my dear Sir, as ever, most faithfully yours, 

J. Mason. 



Chaptkr 

via. 



o8 



Memoir of JeremiaJi Alasoji. 



ClIAFlER 
VIII. 



JEREMIAH MASfJN TO DANIEL WEBSTER. 

Portsmouth, September 3, 1826. 
My dear Sir, — I am truly .sorry that I was unable to comply 
with your advice to be at Cambridge to hear Judge Story's oration. 
For a fortnight past, I have been much indisposed, occasioned by 
our most extraordinary weather, and was fearful it would end in 
downright sickness. That I trust is warded off. I infer from the 
newspaper reports that the Judge acquitted himself very ably, and 
to the entire satisfaction of his auditors. 

Of your oration, there seems to be but one opinion. Without say- 
ing anything of its merits, in point of eloquence, I really think you 
have managed the subject with most admirable address, of which 
no small share was necessary, considering your own situation. I do 
not see that you have exposed yourself to serious abuse from any 
quarter. 

I fear the tendency of political affairs in this State is not such as 
we wish. Your brother, whom I lately saw at Concord court, proph- 
esies nothing but evil. He has been on a tour through the north 
part of the State, and says a majority of the old democratic party, if 
called to act at this lime, would be found to be hostile to the pres- 
ent administration. I doubt the correctness of his opinion, but seri- 
ously fear that things tend that way. 

The attempt to exclude Harvey from a nomination in the Legis- 
lative caucus, failed entirely. Governor Bell, as far as I know, has 
neither said nor done anything since his short visit to the Legisla- 
ture in June. I do not think he has ever avowed any inclination 
for a concert or union of any kind with Federalists. The jDroject 
for an administration paper, to be edited by Moore, will probably 
fail. It is doubtful whether it would do any good under the in- 
fluence that would control it. Should it go on, its avowed object 
would be to maintain the old party distinctions. Indeed, I know of 
no prominent republican friends of the present administration in the 
State who seem willing to do away with the old party distinctions. 



Mr. Webster s Illness. 



309 



I'hcy all want to keep up that distinction solely for the sake of se- 
curing the little paltry offices to themselves. It will be impossible 
to induce the federalists to act with them on those terms. The 
democracy of Boston seems to be better disposed. Is it possible to 
devise any plan by which it can be brought to act with effect on this 
dark and benighted corner of the earth } If you can, do something 
for us. Faithfully yours, 

J. Mason. 



CHAI'IER 
VIII. 



JEREMIAH MASON TO DANIEL WEBSTER. 

Portsmouth, January 9, 1S2S. 

Mv DEAR Sir, — On coming home to-day from Salem I received 
your letter of 26th December, which had been lying by several days. 
I had been desirous of writing to you from the lime I fnsl heard of 
your and Mrs. Webster's sickness at New York. Hut 1 was very 
soon told it was your intention to go to Washington and to return 
to New York, which made it uncertain where a letter would reach 
you at any particular time. We have been greatly distressed by the 
various accounts of your and Mrs. Webster's situation, which have 
not been so alarming as that in your letter. I was at Boston last 
Sunday, and saw Mr. Paige immediately on his return from New 
York. 11 is account of .Mrs. Webster's health was greatly more favor- 
able, as you know. He had not then seen Dr. Warren, but said that 
the New York surgeons thought much better of the case than they 
had, believing (as I understand him) that present appearances were 
greatly more favorable. As to your health, he said he had never 
before seen you so much reduced and so feeble, but that he sup- 
posed the cause of your sickness to be in a good degree, at least, 
removed, and that there was good ground to hope that rest and 
quiet would speedily restore you. I am aware that your sufferings 
have been excessive, and, with all the alleviation of present favorable 
appearances, if they continue as when Mr. Paige left you, that your 
situation must still be full of distress. In case Mrs. Webster still 



Memoir of yerejniah Mason. 



Chapier 
VIII. 



continues in a condition actually critical, in the opinion of those 
most competent to judge of it, I do not think that your duty to the 
public requires you to leave her to resume your seat in the Senate. 
Indeed, it seems to me that under such circumstances it must be 
quite impossible for you to attend to your duties in the Senate, and 
I think you ought not to attempt it. Nor do I think you ought to 
return to Washington till your own health is in a good degree re- 
stored and confirmed. But I hope and trust, my dear sir, that when 
you receive this Mrs. Webster may be deemed to be out of dan- 
ger. If, however, she should unfortunately be otherwise, and you 
should be obliged to remain with her (as I think in that case you 
would), I much doubt whether that would justify you in immedi- 
ately or soon vacating your seat in the Senate. This I understand 
to be the intimation in your letter. Whether her continuing long 
in such situation would not render your resignation expedient, can 
be determined hereafter. I most cordially wish under present cir- 
cumstances that you were out of the Senate ; but I do not see how 
you will justify resigning at this time. Your motives will be mis- 
understood by many of your political friends, and misunderstood 
and misrepresented by all your political enemies. Your resignation 
would unquestionably be imputed to your supposed despair of suc- 
cess of the administration party. I am sure it would be so repre- 
sented by all the opposition papers in the United States, and I think 
it very probable that many not under their influence would believe 
it. Considering your standing, such a belief might at the present 
time do the administration and the country vast injury. I think 
the injury arising from absence from the Senate would be immeasur- 
ably less than from your resignation. Having accepted the place 
so recently, nothing but imperious necessity will be or ought to be 
considered a justification for resigning it under the present circum- 
stances of the country. At all events, I hope you will not come to a 
determination to do this hastily. If you find it probable that you 
must be absent from the Senate, the whole or a chief part of the 
present session, I think you ought to state your willingness to re- 



Case of the Argona7it. 



1 1 



sign to some of your political friends at Washington, and be in some 
measure guided by their opinion of its expediency. There can be 
no danger of thereby exposing yourself to the suspicion of wishing 
to obtain their advice. You are too well known at Washington to 
fear anything of that sort. 

After giving you my opinion thus frankly on this point, I think I 
am bound to say with equal frankness that not only Mrs. Webster's 
situation, if it continues to be dangerous and critical, but, in my 
opinion, a due regard for your own health, if it be so low and slender 
as I fear it is, makes it your duty to remain quietly where you are 
for the present. I know the call for you in the Supreme Court will 
be urgent, but I really fear that any extraordinary exertions with 
your present feeble health and anxiety may destroy you. If you do 
return to Washington, I most sincerely advise you to abstain as 
much as possible from occasions of high excitement and exertions. 
Such a course, under present circumstances, cannot injure your 
reputation. Since I saw you in Boston, I have been twice to Salem 
to attend the trials of the Argoiiaut. We have had two tedious jury 
trials, and have obtained two successive verdicts, much against the 
wishes of Judge P. He seemed to think it his duty to obstruct 
the plaintiffs course as much as he could, but I believe we have got 
our verdicts on such grounds as must end the litigation, though 
not on the ground we ought to have had them. I left Salem im- 
mediately after the last verdict was given. I have no doubt the 
Judge has in some way reserved the cases for the whole court. 

I have been so entrajred that I have not had time to read Mr. 
Clay's letter ; but I have been told by several who have read it 
that it is entirely conclusive, and that it cannot fail to produce 
extensive effects. 

The prospect is now favorable for our spring elections. There 
will be greater exertions and excitement than we have experienced 
for many years. 

I shall be very desirous of hearing occasionally how you and 



Chaiter 
VIII. 



12 



Memoir of ycj^emiah Mason. 



ClIM'TF.R 
VIII. 



Mrs. Webster are. Mrs. Mason joins me in affectionate regards to 
her and yourself. 

I am, my dear Sir, most sincerely yours, 

J. Mason. 



JEREMIAH MASON TO DANIEL WEBSTER. 

Portsmouth, yaimary 27, 1828. 

My dear Friend, — Your two letters from New York prepared 
us to expect wliat has happened. We most sincerely sympathize 
with you in this event, in all its bearings and aspects, so melancholy 
and so distressing. I know of no occasion on which I have seen 
Mrs. Mason more deeply affected. Without perhaps fully appreciat- 
ing their extent, I know your sufferings have been, and still are, ex- 
cessive. You have all the consolation that the sympathy of friends 
and universal condolence can give. But my knowledge of you, my 
dear sir, forbids the hope of much relief or benefit from this source. 
Your consolation must come from a higher source. Your relief in 
this great calamity rests with yourself and your God, and there I 
confidently trust you will find it. This is one of those events which 
strikingly illustrates the vanity of human expectations and the im- 
becility of all human power. 

Mr. Ticknor in a letter of yesterday, says he understands your in- 
tention to be to return to Washington in eight or ten daj'-s. This, it 
seems to me, ought to depend entirely on your own feelings and the 
condition of your health. I learn from Mr. T. that your business in 
the Supreme Court will not be permitted to be on you at this term. 
This I had anticipated. We know nothing of the arrangements 
you have made or think of making for your children this winter. 
We understand they are now with you at Mr. Blake's. Mrs. Ma- 
son desires me to say to you that in case you can form no plan for 
taking care of them more satisfactorily, she will most willingly take 
charge of the two youngest till your return from Washington next 
spring. She is aware of the nature of the trust she offers to assume 



Chief yiistice MarsJiall. 



13 



and will of course execute it with all possible care. If this arrange- 
ment appears to you preferable to any other you can make, I re- 
quest you will assent to it without fear or any apprehended trouble 
to us. For be assured, my dear Sir, Mrs. Mason will undertake it 
most cheerfully. When I first heard of your being at Boston, I 
thought of going there to see you, but I fear I shall not be able. 
A violent snow-storm is now raging, and it now is impossible to 
foresee how it will leave the travelling. I am likewise at this time 
much pressed with engagements for the winter session of our Su- 
preme Court which commences at Dover the first of ne.xt week 
Mrs. Mason desires her most affectionate regards to you. 
I am, my dear Sir, most faithfully yours, 

J. Mason. 



CH AIMER 

via. 



JKKKMIAII MASON TO JOSEPH STORY. 

Portsmouth, February 16, 1828. 

Mv DKAR Sir, — I have read your memoir of Chief Justice Mar- 
shall, in the " North American Review," with great pleasure. It is 
always a difficult task to recount the merits of an eminent man 
while living, and do him only tolerable justice, without incurring 
the danger of the accusation of adulation. Your undertaking was 
rendered more delicate by reason of your connection with and 
known high regard for the Chief Justice. I think you have suc- 
ceeded, as far as you have gone, admirably well. You have cer- 
tainly done right in giving a concise sketch of his life, and leaving 
his actions to speak his praise, without any attempt at lauding, which, 
under existing circumstances, would in you have been unbecoming. 
In one particular, I wish the memoir had been more dilated and full. 
I mean his great opinions on the construction of the Constitution 
of the United States. I am aware of the difficulty you would be 
under in entering at large into the merits of this labor, in which 
you have yourself so largely participated. These opinions consti- 
tute the stronghold for the Chief Justice's fame, and must sustain it 
40 



3^4 



Memoir of yeremiah Mason. 



Chapter 
VIII. 



while the Constitution of the country remains. The decisions on 
the construction of the Constitution, on the various points which 
have arisen in the Supreme Court, have done vastly more for the 
stability and permanency of our system of government, than the 
present generation is aware of. The principles involved in those 
decisions are constantly developing themselves with increased im- 
portance. If our constitutions ever get to definite and well-settled 
constructions, it must be chiefly effected by judicial tribunals. All 
experience, past and present, shows that much is not to be expected 
from legislative bodies. Hence the vast importance that the early 
decisions of the Supreme Court should be rested on principles that 
can never be shaken. Since I parted with you at Salem, I have 
been almost constandy engaged in courts. I have been again at 
Salem on the Argonaut, and obtained another verdict. The last 
verdict was substantially on the same grounds with the preceding 
one. I expected the defendants would have submitted, and believe 
that was their intention at the close of the trial. But from their 
not having disposed of the ship, I incline to think they intend to 
try their chance with the whole court on some question of law. I 
suppose Mr. Webster will be with you before this reaches you. I 
would have gone to Boston to see him, but I could not. I infer 
from his letters, and What I learn otherwise, that he has been most 
deeply affected, but that he bears his suffering with fortitude. This 
I expected from him. His loss is in truth most grievous. His wife 
was embraced in all his plans, as an essential part. I know of no 
woman more universally beloved or who more deserved to be be- 
loved. I trust that Mr. Webster will not undertake any severe labor 
this winter. He can certainly avoid it without any danger to repu- 
tation, if he pleases. With my and Mrs. Mason's and Mary's kind 
regards to Mrs. Story, 

I am, my dear Sir, as ever, truly yours, 

J. Mason. 



Mr. Webster. 



Z^S 



JOSEPH STORY TO JEREMIAH MASON. 

AV'ashington, February 27, 1S28. 

Mv DEAR Sir, — I thank you for your obliging letter, and not 
the less so, for your notice of the review of Chief Justice Marshall's 
life in a favorable manner. If it has gone tolerably well with the 
public, I shall sit down quite contented, for at the period of its pub- 
lication, I began to feel a good deal of sensitiveness on this point. 
I have reserved a full display of his constitutional labors, for some 
future period. Mr. Webster is now here, and I think his health is 
greatly improved, and I no longer feel any anxiety on that head. 
But our meeting was quite painful ; and at times he is now exces- 
sively gloomy and thoughtful. I find great difficulty in rousing him 
to professional or public labor, and yet when so roused, he brings 
himself out with all his accustomed energy, and is for the time com- 
paratively happy. The very excitement, however, tends again to 
exhaustion and despondency; and his mental distress, and his 
struggles, sometimes to disguise and sometimes to overcome it, arc 
not a little embarrassing. I think that time and distance, which are 
great things in all human affairs (as Mr. Burke used to say), will 
ultimately bring him up to his usual tone. By the by, on the very 
first day he took his seat in the Senate on his return, the Process 
Bill, which has been so long before that body, was on its last read- 
ing; and having glanced at its form and terms he saw very great 
objections to it, and rose, asked one or two explanations, speaking 
in a very subdued and cautious tone. Some reply was made, and he 
then merely apologized by intimating some doubts. He spoke per- 
haps five or ten minutes. Immediately on this, Mr. Tazewell came 
out upon him in a set speech of two hours, and pressed him in a man- 
ner which, considering his painful situation, was thought uncalled 
for and inexcusable. It looked like an attempt to grapple with and 
overcome the sick lion. It happened just at the hour of adjourn- 
ment and Webster moved it, excited by the attack to a reply. He 
talked over the matter with me in the evening, and it did him good. 



Chapter 
VHI. 



3i6 



Memoir of yeremiah Mason. 



Chapter 
VIII. 



The next day he went into the debate, and in a speech of about two 
and a half hours, he displayed a most masterly and overwhelming 
argument, and in the judgment of everybody broke down the bill. 
In short it was recommitted, and as such in its present form is 
dead. Although the subject was somewhat technical, he quite in- 
terested the public, and his triumph was as splendid as his friends 
could wish. He is now engaged in the business of the court, and 
complains (and truly) that he finds it almost impossible to fix his 
mind strongly enough upon it, to work well. We do all we can to 
stimulate and cheer him, and it produces a good effect, and before 
the close of the term, I have no question he will feel the stirring 
ambition of excelling about him. Depend upon it, he must be kept 
employed or he will be miserable. I am inclined to believe that there 
has been some truth in the rumor that he was about to be sent to 
England. He spoke to me the other day on the subject with a view 
to draw out my opinion. I do not know whether you will agree with 
me, but I frankly stated my opinion to be at the present juncture 
against it. I alluded to the fact that he stood at the head of the 
administration party, and particularly in the Senate he was indis- 
pensable to its successful progress ; that with a view to ulterior ob- 
jects, he was now precisely where the public would have an oppor- 
tunity of appreciating him, and he of bringing home his character 
to their closest observation, that the times were critical, and services 
now rendered would not be forgotten. That a withdrawal from 
these scenes would be thought a timid choice to escape from re- 
sponsibility by some, and by others as little more than an honorable 
exile. That if possible the administration might linger on with a 
charge for a year, when the crisis would be over. That, however 
desirable to himself under his present situation, as a change of 
scene, it would throw him out of professional employment for the 
time, and compel him, after great expenses, to return back with some 
disadvantages. From this short sketch you will perceive the chan- 
nel in which my thoughts run. He was much inclined to think my 
notions right. What will be the final result I know not, but I think 



Presidential Prospects. 



he will stay at home. In respect to politics I should have much to 
say, if I were at your fireside. The appearances grow every day 
more favorable to Mr. Adams' reelection. The opposition in Con- 
gress are a good deal alarmed and fluttering. It is whispered that 
Mr. Macon of North Carolina begins to talk very moderately, and 
Mr. Benton begins to be a little doubted by his own friends. The 
chances in Pennsylvania are, in the estimate of all, very favorable; 
and indeed her vote is now almost certainly calculated on. Vir- 
ginia is in great commotion. I do not believe her vote will be 
changed, but the days of her dynasty will be soon numbered, and 
you may expect that a great revolution will take place before long 
in her public policy and public servants, Kentucky is now under- 
stood to be safe. New Jersey also, and Maryland with a' decided 
major vote. Unless, therefore, some positively unlucky changes take 
place, there is much reason to rely with confidence on the reelection 
of Mr. Adams. So much, my dear sir, for the gossip of politics. 
Of other gossip I know little. The court will probably adjourn 
about the 15th of March. We have done a good deal of business 
and shall not probably leave sixty causes behind us. This is a great 
victory over the old docket, and encourages me to hope much from 
the future course of the court. I heard with very great satisfaction 
from other sources, of your second triumph in the Argonaut, with 
the additional fact that you had added very much to your former 
argument, convincing all but one. Mrs. Story desires her love to 
Mrs. Mason and Mary and Jane, in which I wish to be permitted to 
join, being with the highest respect her and your 

Much obliged friend, Josicrii Story. 



1^1 



Chapter 
VIII. 



JEREMIAH MASON TO JOSEPH STORY. 

Portsmouth, Manh 12, 1827. 

Mv DEAR Sir, — Mr. C. S. Daveis of Portland is desirous of ob- 
taining the appointment of reporter of the decisions of the Supreme 
Court of the United States, now vacant by the resignation of Mr. 



3i8 



CHAPinR 

VIII. 



Memoir of yeremiah Mason. 



Wheaton. Mr. Daveis is certainly a good lawyer, and distinguished 
for laborious and persevering industry. His studies and taste are 
quite congenial with the place he is desirous of, and I have no 
doubt, if appointed, he would perform its duties with much diligence 
and entire faithfulness. As Mr. Daveis is personally known to 
you, you can best judge of his fitness, and it would be useless if not 
improper for me to urge his claims on your consideration. All I 
mean is, to request, in case the situation be not already filled, that 
his claims may be fairly considered among those of other candi- 
dates. Not having heard that the Supreme Court has risen, I shall 
direct this letter to you at Washington, with much doubt whether 
you will not have left before this reaches that place. 

I am as ever, truly yours, J. Mason. 



DANIEL WEBSTER TO JEREMIAH MASON. 

Washington, March 20, 1828. 

My DEAR Sir, — The practice of asking the advice of friends in 
one's own affairs is a little old-fashioned I do not think very 
highly of the custom myself Still, I now write mainly with the 
purpose of ta.xing your good-nature with the request that yoii will 
say, in a straightforward way and few words, what you think upon 
the subject with which the newspapers have been busy for some 
time past. I do not mean to trouble you for a long statement of 
pros and cons. Nor do I mean to anticipate your impressions by 
a single suggestion of my own. You see what all the world 
sees, and know what all the world knows, of the state of things 
here, and of my present condition. Will it be best for the admin- 
istration, and best for me, that I stay where I am, or that I go 
elsewhere .? I care not how shortly you speak, but I pray you 
to speak freely. We are in very good spirits, with the news from 
New Hampshire. I believe certain gentlemen here are a good 
deal disappointed. It was confidently expected by them, that Gen- 



Kentnckv Election. 



319 



eral Pierce would succeed. We trust he has failed, and it seems 
uur friend Hill is out also. Affairs here are wearing rather a better 
appearance. The intelligence from interesting points is a little 
cheering. Perhaps the most important contests, or rather one of 
the earliest of the important contests, will be in Kentucky. The 
election of governor takes place in that State on the first Monday 
in August. The whole will turn, mainly, on the administration 
question. Metcalf is candidate for the administration side, and 
liarry, whom you know, for the opposition. The result of this elec- 
tion is likely to decide the ultimate vote (the whole vote) of Ken- 
tucky, and must necessarily have a great operation elsewhere. If 
Barry should succeed, by a strong vote, I should give up Kentucky, 
and, with Kentucky, nearly all hope of Mr. Adams' reelection. 
New York is unquestionably mending. If it goes on, as it is now 
going, a great majority of votes in that State will be for Mr. Adams. 
The Louisiana members are to be elected again, in July. It is be- 
lieved Mr. Livingston will be left out, and a friend of the adminis- 
tration elected in New Orleans. Judge Story left us two days ago. 
The court has had an interesting session, and decided many causes. 
The judge of our circuit has drawn up an uncommon number of its 
opinions, and, I think, some of them with uncommon ability. 

Yours always truly, I). Webster. 



Chaiier 
VI II. 



JKRKMIAll MASON TO DANIEL WEllSTER. 

Portsmouth, March 27, 1828. 

Mv PEAK Sir, — I have omitted to answer your letter a few days 
because I did not well know how to answer it. You ask whether I 
think it best for the administration, and best for you that you re- 
main where you are, or go elsewhere, that is, accept the appoint- 
ment to Lngland offered you. On the first question, I have no 
doubt ; for obvious reasons, I think it is certainly best for the admin- 
istration that you remain where you are. In your present situation 



320 



CHAI'TKR 

VIII. 



Memoir of yeremiah Mason. 



you can render the most essential aid and support, the loss of which 
at this time would be severely felt. The administration at the 
present time need all their strength, and that exerted to the greatest 
possible advantage. Your services in the Senate may be greatly im- 
portant at the next session, and if Mr. Adams succeeds in his elec- 
tion, as I trust he will, your services will probably be vastly more 
important at the next Congress. But what I deem of still greater 
importance is your influence in the approaching election, which by 
leaving the country will be lost or greatly lessened. Without enter- 
ing at large into the reasons, I am decidedly of opinion that your re- 
maining where you are is most advantageous for the administration. 

On the other question I have had doubts, but after giving it the 
best consideration in my power, I have come to the conclusion that 
what is best for the administration is also best for you. The suc- 
cess of the present administration deeply involves the best hopes 
and highest interests of the country. You arc apublic man, and, as 
I believe, are destined to continue a public man, and as such you 
are in a great degree identified with the administration. Under 
such circumstances, it seems to me that you cannot well sever your 
personal interests from the interests of the administration and of 
the country. If I am right on the first question, of which I enter- 
tain no doubt, your services in England at this time will be of minor 
importance when compared with your services at home. If so, there 
seems to be something of the nature of public duty in the case. 
And I trust it is and will continue to be the true interest of an 
elevated public man to follow the path of his duty. The adminis- 
tration, believing you to be entitled to it, may be willing to give you 
the contemplated appointment, if you wish for it, but I presume 
they cannot be desirous that you should accept it. I do not think 
that the ribaldry of the opposition newspapers ought to be permitted 
to have any influence whatever on your determination. 

I have in compliance with your request given you my frank 
opinion without any detail of reasons. And I think I ought with 
equal frankness to tell you that I do not feel much confidence in 



United States Bank at Portsinonth. 



^21 



the correctness of my opinion. I am too far removed from the 
great world, and too little conversant with political affairs, to be 
competent to form a judgment of any value on this matter. 1 am 
aware there may be considerations of a private nature, arising from 
your own feelings at the present time, which may be entitled to 
much weight. Of these you alone can judge. 

I am as ever faithfully yours, 

J. M.vsox. 

DANIKL WEBSTER TO JEREMI.MI MASON. 

August I, 1S2S. 

Mv DEAR Sir, — I have seen Mr. Cowperthwaite this morning, 
and had a full conversation with him, respecting the state of the 
bank at Portsmouth. At his request I have agreed to write to vou, 
and I come at once to the main matter. He thinks it important 
that you should take the Presidency of the Branch, if you can be 
persuaded to do so. Me says you manifested no disposition for it, 
but 1 did n<jt learn from him that he had suggested a probable in- 
crease of the .salary, as among the motives. It now stands, I hear, 
at eight hundred dollars. He desires me to say, confidentially, that 
if twice that amount would induce you to take the office, it would 
be given cheerfully. In all probability, the amount of pay would 
not be a subject of difference between you and the bank, if you 
were inclined to have the office. He is to leave Boston on Monday 
morning, and I am an.xious to hear from you before his departure. 
I suppose you have weighed the pros and cons, and probably have 
a feeling one way or the other on the subject. I do not wish to in- 
fluence your judgment, but should think it a great object with the 
bank to obtain your services, and am persuaded they would pay as 
liberally as you should think they ought. If you have made up 
your mind fully against it, Mr. Waldron will be appointed. In that 
t a>e the bank will immediately crave leave to send you a large re- 
tainer, at least a proper one, and engage your professional services, 

4' 



Chaiter 
VI H. 



322 



Memoir of yeremiah Mason. 



Chapter 
VIII. 



with a desire that you should pay particular attention to its affairs 
and be paid accordingly. After the receipt of this letter, I will 
thank you not to enter into any engagement adverse to the bank, 
until there shall be time to hear from Philadelphia. Contrive to 
let me have an answer on Sunday. I write this at Beverly, having 
come down here to visit Mr. Thorndike's family. I shall return to 
B. this evening- Yours trulv, 

D. Webster. 



In the spring of 1828 the first great sorrow of Mr. Mason's life 
fell upon him in the death of his second son, Alfred, which occurred 
at the Bellevue Hospital in New York, April 12, 1828. He was a 
young man of remarkable abilities, engaging manners, and strong 
scientific tastes. He was a student of medicine, and pursued his 
professional studies with such interest and energy as to awaken the 
highest hopes of future usefulness and distinction. Applying for 
the post of assistant surgeon at the Bellevue Hospital, he was suc- 
cessful in his application over a large number of competitors. De- 
voting himself to his duties with unremitting zeal during the prev- 
alence of an epidemic, with an heroic disregard of danger to himself, 
worn down by care, anxiety, and toil, he was attacked by a disease 
which his exhausted frame was unable to resist. His death was 
mourned by many who had watched with interest his brilliant pro- 
fessional progress, and his winning and amiable traits of character, 
and with what crushing weight it fell upon the hearts of his father 
and mother can be felt only by those who have learned by their 
own experience how sweet are the joys, and how sharp the sorrows 
of a parent.^ 

In the summer of 1828 Mr. Mason was chosen president of the 
Branch Bank of the United States at Portsmouth. 

For many years this institution had not been judiciously or profit- 
ably managed. A large portion of its funds had been employed in 
discounting accommodation paper, in other words, in lending money 

1 A fuitlier account of this amiable and promising young man will be Ibund in the .Appendix. 



United States Bank at Portsinouth. 



323 



without security. The notes' so discounted usually ran for four 
months, and when they matured, a payment of only ten per cent. 
was required, and for the remainder a new note was given. Thus, 
under the most favorable circumstances it required three years and 
four months to discharge a debt, and as there was no security, the 
final payment depended upon the continued solvency of either 
maker or indorser of the discounted paper. 

But even these partial payments of ten per cent, were dispensed 
with, and sometimes the money to make them was procured by 
new accommodation loans. So long had this usage continued that 
it had acquired something of the force of a legal precedent, and 
the customers of the^ bank had come to consider that they had a 
sort of vested right to renew their notes on payment of ten per cent. 
To such an extent had the practice prevailed that when Mr. Ma- 
son entered upon the discharge of his duties as president nearly a 
hundred and fifty thousand dollars of the capital of the bank were 
invested in accommodation paper, with the understanding that only 
ten per cent, should be paid. every four months. Of this amount 
between eighty and ninety thousand dollars were due from persons 
in tlie interior of the State, and in Maine, most of whom were not 
engaged in business. And this bad method had been pursued in 
spite of strong injunctions to tlie contrary in a letter written by the 
president of the parent bank to Mr. Masons predecessor in No- 
vember, 1826. 

The directors of the parent bank at Philadelphia became uneasy 
at the state of things at Portsmouth, and felt that a radical change 
of management was necessary, and that such change could only be 
effected by putting the branch there in charge of a man who not 
only understood the true principles of banking, but had firmness 
enough to enforce and adhere to them. 

The friends of the bank, Mr. Webster especially, strongly recom- 
mended Mr. Mason for the place of president. This was done, not 
only without any suggestion from him, but without his knowledge, 
and when the offer was first made to him he was inclined to refuse 



Chai'ter 
VIII. 



324 



Chaptkk 
Vlll. 



Me^noir of yeremiah Mason. 



it, alike from distrust of his ability to discharge duties to which he 
had not been trained, and from reluctance to be even partially with- 
drawn from the practice of his profession. But his disinclination 
yielded at last to the persuasion of his friends and the friends of the 
bank, and he was accordingly made president. 

He had never been a banker, nor even a bank director, nor had 
he been engaged in business; but he had a mind eminently fitted 
to grasp the true principles of banking, finance, and the currency, 
as well as the firmness and perseverance needed in one who un- 
dertakes to reform abuses whether great or small. He perceived 
at once that the management of the bank had been opposed to 
the true principles of banking, which are, first, to discount business 
paper, or lend money on the security of actual property ; and, sec- 
ond, as a general rule, to enforce payment of every loan at maturity. 
He therefore resolved to change the mischievous practice which 
had so long prevailed, but his sound sense and large experience of 
life taught him that all reform should be gradual, and that the 
debtors of the bank must have a reasonable time to adapt themselves 
to the new policy. 

He therefore made no change in the old usage at the date of the 
first maturity of each accommodation note after his accession to 
office. Ten per cent, was paid, and a new note was given for the 
remainder. But he required the new note to be given for sixty days, 
and when that matured he exacted a payment of twenty per cent. 
Thus the intervals of payment were shortened, and the amounts 
increased, each by one half 

Such was the general rule applied ; but where satisfactory security 
was offered more favorable terms were granted, and no honest man 
was oppressed or harshly dealt with ; and when a debtor was unable 
to pay in full, Mr. Mason was always ready to listen to fair terms of 
settlement. 

In making new loans preference was uniformly given to business 
paper, and no loans were made in the interior of the State except to 
persons of undoubted pecuniary ability. 



United States Bank at PortsvwtUh. 



325 



The results of this course were entirely satisfactory. In August, 
1829, the old loans to parties in the interior of the State had been 
reduced to thirty-five thousand dollars, and the whole amount of 
loans to parties living in small towns in the interior was only forty- 
nine thousand dollars, a little more than half the amount a year 
before. 

I he ^.usl^Illcr^ 01 tlic bank, and the business comnuinitv sfcner- 
ally acquiesced in this change of policy, and submitted without a 
murmur to the inconvenience which in some instances it occa- 
sioned. But, as might naturally be expected, there were some ex- 
ceptions. Some bore with impatience the pressure laid upon them 
by the necessity of paying twenty per cent, every two months in- 
stead of ten per cent, every four months. And thus there grew up 
a certain amount of discontent and of consequent ill-will to Mr. 
Mason. 

But all this might have passed away and made no sign had not 
politics come in to blow the spark into a dame. The administra- 
tion of President Jackson began on the 4th of March 1829, and the 
new chief magistrate entered upon his office with no friendly feel- 
ing toward the Bank of the United States. Mr. Mason, though 
taking no active part in politics, had given his name and influence 
in favor of Mr. .Adams and against General Jackson. The second 
comptroller of the treasury was Mr. Isaac Hill, of New Hampshire, 
a zealous and influential politician, high in the confidence of the 
President, and certainly no friend to Mr. Mason. Under his lead, 
and that of Mr. Levi Woodbury, also a personal and political 
favorite of the President, the democratic party of New Hampshire 
were arrayed in opposition to the Portsmouth Branch, and Mr. 
.Ma.son's management of it. 

The first acts of hostility came in the form of two memorials to 
the directors of the parent bank in Philadelphia: one dated June 
27, 1829, from sundry residents of Portsmouth and its vicinity, and 
one dated June 29, 1829, from several members of the New Hamp- 
shire House of Representatives, both praying for the removal of 



CHAI-rFR 
VIII. 



326 



Me^noir of yeremiah Masojt. 



Chapter 
VIII. 



Mr. Mason from the office of president. These memorials were 
alike in temper and spirit, and were evidently arrows out of the 
same quiver. They made vague charges of harshness and partial- 
ity, but contained no statements of particular acts. 

Next came a letter from the Secretary of War to Mr. Mason in 
his official capacity, dated August 3, 1829, informing him that it 
had been found necessary to change the pension agency in New 
Hampshire from Portsmouth to Concord ; that William Pickering 
of the latter place had been appointed pension agent, and directing 
Mr. Mason, upon the production of an order which would be sent 
by the department to Mr. Pickering, to deliver to him all the books 
and papers relating to the pension agency, and any balance of funds 
in his hands. Mr. Pickering forthwith appeared with the order in 
question, and demanded the books, papers, and funds accordingly. 
Mr. Mason, after a careful examination of the acts of Congress 
upon the subject, having come to the conclusion that the War De- 
partment had no right to take from the bank a duty devolved upon 
it by Congress, declined to comply with the order, and so reported 
to the president of the parent bank at Philadelphia. The directors, 
after an elaborate legal opinion by John Sergeant and Horace Bin- 
ney, fully sustaining the conclusions of Mr. Mason, approved his 
course, and the matter was dropped without any further action on 
the part of the administration. 

The memorials above mentioned were taken into consideration 
by the government of the bank at Philadelphia, and it was deter- 
mined that the president and one of the assistant cashiers should 
visit Portsmouth, and carefully inquire into the complaints against 
Mr. Mason. In August, 1829, Mr. Diddle accordingly spent some 
days in Portsmouth. A circular letter was addressed to all the 
signers of the memorial, inviting them to lay their grievances be- 
fore him. Several responded to the call, and their complaints were 
patiently heard. Mr. Diddle then addressed Mr. Mason a letter 
setting: forth all the charges which had been made against him, to 
which Mr. Mason replied with full explanations on every i^oint 



United Staffs Bank at Portsmotith. 



urged. The letter and tlie reply were drawn up with legal pre- 
cision, and resembled a libel and answer in admiralt)'. 

The charges and answers being thus reduced to writing were 
carefully inquired into both by oral evidence and an examination of 
the books of the bank. The result was a complete vindication of 
Mr. Mason on every point of complaint, and a report to that effect 
was made to the directors at Philadelphia, who, on the 13th of No- 
vember, adopted a resolution that the various charges and allega- 
tions against him were entirely crroundless. 

It should be borne in mind that all these attacks were made upon 
Mr. Mason exclusively, as if he had been the autocrat of the bank, 
and was solely responsible for its management. But such was not 
the case. He had the advice and support of a board of directors, 
some of whom had held the same office under his predecessor. No 
step of any importance was ever taken without consulting the direc- 
tors, and it was unusual that any difference of opinion arose be- 
tween them and the president; and when such difference did occur, 
he sometimes yielded his judgment to theirs. 

Mr. Mason retained his office of president so long as he lived in 
Ff)rtsmouth, and no further demonstrations were made against him, 
and the prosperity of the branch bank under his charge, during a 
trying financial period, vindicated the wisdom of his policy. 



Z-^l 



ClIAITER 
VIII. 



l>ANIi:i. Wr.IiSTKK TO JKKKMIAII MASOX. • 

Washington, jfaniiary 6, 1S30. 
Dkak .Sir, — I thank you and Mrs. Mason for all your kind con- 
gratulations and good wishes." I hope to have the pleasure of mak- 
ing Mrs. Webster acc|uainted with your family soon after our return 
to New Kngland, and it is among my most ardent wishes, and one 
also of my firmest expectations, that the affectionate friendship, 
which has so long uninterruptedly subsisted between our families, 
may be cherished and strengthened by the new connection which I 

' ( Ml Mr. Wi;l>stfr"s sorond niarri.iiie. 



328 



Memoir of yeremiah Mason. 



CHAri'EK 
VIII. 



have formed. We are now just getting into our lodgings and be- 
coming settled for the winter. Julia is with us. Her health is 
good and she appears very happy and well pleased. In the politi- 
cal world, little has yet transpired. Mr. Baldwin of Pittsburg, is to 
be the new judge vice Washington. This is another escape. We 
had given up all hope of anything but Chief Justice Gibson's nom- 
ination. Mr. Baldwin is supposed to be, substantively, a sound 
man, and he is undoubtedly a man of some talents. The nomina- 
tions, some of them, have come in, and we shall have much debate. 
We shall be beaten, however, by four votes, if the Senate is full, 

twenty-two to twenty-six I shall be glad to hear from you 

so often as you can find time to write. I pray the most affection- 
ate remembrance to your wife and daughters. 

Yours always truly, 

D. Webster. 



JEREMIAH MASON TO DANIEL WEBSTER. 

Portsmouth, February 8, 1830. 

My DEAR Sir, — I intended some time ago to have written to you, 
but the courts in this and Strafford County kept me constantly en- 
gaged during the last month ; before they were over I was attacked 
by a cold so severe, as to threaten serious illness. 

I have seen your first speech on Mr. Foot's resolutions. Of the 
second I heard the echo only, which is loud and distinct. I pre- 
sume it will be soon published, and I look for it with great interest. 
I am rejoiced that you have been able on this occasion to place 
yourself and New England on high ground. I take it for granted 
that you will be obliged to be again out, during the present session 
on the subject of executive appointments, on which it seems to me 
you cannot fail. That discussion is unavoidable, and ought cer- 
tainly in some way to be made public. If this is to be your last 
session in the Senate (as you have intimated), it is greatly desirable, 
for obvious reasons, that you quit with eclat. 



Nruu Hampshire Politics. 



329 



The movements in this State preparatory to the spring elections 
seem in some small degree to have lessened the apathy and stupor 
which have prevailed ever since the late Presidential election. Gen- 
eral Upham's nomination for governor is well received, and consid- 
erable exertion will be made to effect his election. He unites all the 
friends of the late administration, and present appearances justify 
the expectation that some of those who were attached to the pres- 
ent administration will give him their aid. Some were disgusted 
with his being so rudely turned out of office, and others, by the 
general course of the administration. I should feel more confident 
of the expected effect of these causes were there less abundant evi- 
dence of the deep political depravity of the present times. In this 
particular I am inclined to think our poor State suffers more griev- 
ously than most others of the Union. Considerations of personal 
interest have much more influence, with our people, than heretofore. 
By the manner in which the oflices of emolument of government 
have lately been disposed of, great numbers of individuals are led 
to expect some advantage from being connected with the dominant 
party. Instances are not unfrequent of the public avowal of such 
motives, and so callous has the public mind become, that the avowal 
creates little or no disgust with the community. I am of opinion 
that a great portion of this excess of political depravity, in this 
State, maybe traced to two individuals 

I hope that you have before this time disposed of Duff Greene to 
your satisfaction. 

I understand that many of your friends in Boston are coming to 
an opinion that you will remove to New York. Whatever may be 
your final determination, it seems to me unadvisable to let public 
opinion settle decisively that way, before you shall have determined 
the matter yourself 

Should you determine in favor of it, I shall personally regret your 

removal. It would necessarily render our personal intercourse less 

frequent. Death has destroyed so many of my friendships that I 

have but few remaining. I do not fear that your removal would 

4= 



Chapter 
VIII. 



330 



Memoir of yeremiah Mason. 



Chapter 
VIII. 



lessen the force of our long subsisting friendship, but it would un- 
doubtedly lessen the pleasure I should otherwise derive from it. 

I am as ever, faithfully yours, 

J. Mason. 



DANIEL WEBSTER TO JEREMIAH MASON. 

Washington, March 2, 1830. 

Dear Sir, — I see in the " Boston Statesman " of February 26 
or 27, a renewal of an old story, told a year or two ago, about a let- 
ter, said to be written by me to Mr. Atherton, relative to the Hart- 
ford Convention. If I remember, when the story was told before, 
your name had something to do with it. I have no recollection of 
any letter to Mr. Atherton on the subject, written by you and me, 
or by me singly. If you could inquire of Mr. Atherton, and learn 
whether any letter of any kind was written to him, by us, or either 
of us, zvilhout covimunicating to hivi that you do it at my request^ I 
should be glad to know what he has to say about it. But I do not 
incline to inquire myself, nor that you should inquire in my name 
or behalf We have no news here since I wrote you last. Appoint- 
ments not acted on. We have seen an account of your Portsmouth 
Town Meeting, — the letters, etc. I believe Mr. Bell can find no 

Yours truly, 

D. Webster. 



originals here 



JEREMIAH MASON TO DANIEL WEBSTER. 

Portsmouth, May 13, 1830. 

Dear Sir, — I send you inclosed a letter from Robert Means 
in answer to my request to him to inquire of Mr. Atherton respect- 
ing the newspaper stoiy of your advising him to join the Hartford 
Convention. I suppose you have seen his voluntary disavowal in 
the Boston papers of your having made any such application. 



New Hiunpshire Election. 



Vast numbers of your speech have been published, and they seem 
to be producing a strong impression. Were it not for the depraved 
condition of political morality, I should entertain hopes that the 
present discussion in the Senate would produce great and perma- 
nent alterations in public opinion. It must doubtless have consid- 
erable effect. I hope Go\'ernor Bell will answer Woodbury's miser- 
able trash. Indeed, I do not see how he can in justice to himself 
avoid doing it. 

Our election is lost, as you have probably seen by the newspapers. 
The falsehoods and forgeries against Upham were contradicted as 
speedily as they could be, but there was not time for the contradic- 
tion to have its full effect, except in the immediate vicinity of this 
place. 

• It is believed that if the election had come on a fortnicht later 
Upham would have carried it. As it is, both Senate and House 
will have majorities of Jacksonians. It is not certain, however, that 
Woodbury or (in case of his being otherwise provided for) Hill will 
be elected to the Senate of the United States. It is quite possible 

that some other Jackson man may step in before them 

Yours as ever, 

J. M. 



331 



Chapter 
VIII. 



JOSEPH STOKV TO JKUKMIAII MASON. 

Cambridge, May 6, 1831. 
Dear Sir, — I returned home on Wednesday, having had an un- 
usually short term at Portland. On my return I found my young- 
est daughter (Louisa), very ill of the throat distemper and scarlet 
fever. She has been very dangerously ill, and is not yet deemed by 
her physician out of danger, although he encourages us to hope she 
may recover. Her fate must be decided in a few days. Whether 
I shall be able to attend the circuit court at Portsrriouth, is wholly 
uncertain. Under existing circumstances I cannot leave home, 



332 



Memoir of yeremiak Mason. 



CHAI'TER 

VIII. 



and indeed, I am myself obliged from her critical state to be day 
and night in her room. 

If a decidedly favorable change should take place before Sunday 
evening, I shall go from Boston in the mail-stage of that evening 
for Portsmouth. If there is not such a change, it will be quite im- 
possible for me to give my attendance. I must beg the favor of 
you to communicate the facts to Judge Harvey, whom I have not 
the pleasure of knowing. He can do with the business of the court 
exactly as he may deem most convenient. I exceedingly regret 
this occurrence on many accounts ; and am now so exhausted by 
continual watchings that I can scarcely hold my pen. 
Believe me very truly and affectionately yours, 

Joseph Story. 



JOSEPH STORY TO JEREMIAH MASON. 



Cambridge, May 9, 1831. 

Mv DEAR Sir, — The event which my thought foreboded, has 
occurred. My dear little daughter died this morning. We are in 
utter despair ; and I am incapable of leaving home, from mental 
exhaustion, even if it were otherwise possible. I have no. doubt 
that the acts of 1789 and 1794, to which you have referred, cover 
the case. The words come completely up to the case. The mar- 
shal should therefore adjourn the court from day to day for the four 
days, and then to the next term. I can say no more. I am desolate 
beyond expression. You and Mrs. Mason have met with a like 
calamity, and can pity and sympathize with us. God bless and 
preserve you and yours. 

I am most affectionately your friend, 

Joseph Story. 



Death of yudge Story s DaugJiter. 



m 



JKKEMIAII MASON TO Jt)SEI'H STORY. 

Portsmouth, May 23, 1831. 

My dear Sir, — When I lately intruded on you with a letter of 
business, I had no apprehension of the melancholy event which had 
involved you in such heartrending distress. I am fully aware how 
idle would be the attempt to mitigate your and Mrs. Story's suffer- 
ings, from your late bereavement, by any consolation that I can im- 
part. I still feel a strong inclination to let you know that we most 
sincerely sympathize and condole with you. Parental affection is 
the most uniform as well as the strongest of any that our nature is 
capable of I have never known any grief to equal that of parents 
from the loss of children. The death of an interesting child in 
the early bloom of life, blasts all flattering hopes, and implants a 
wound that seems remediless. Philosophy and religion, with the 
aid of time, may assuage the suffering. The chief consolation must 
come from hopes which religion furnishes. In truth without these 
hopes life, checkered and clouded as it is by the constant occur- 
rence of such distressing events, would not be worth possessing. 
And this, I think, constitutes one of the most solid foundations of 
those hopes. It seems inconsistent with the wisdom and benevo- 
lence of God, that beings so intelligent as our race, should have 
been created, for the sole end of what we do and suffer in this 
world. 

Mrs. Mason with her love to Mrs. Story, desires me to express 
her deep sympathy in your affliction. 

I am, my dear Sir, your sincere friend, 

J. Mason. 



Chapter 
VIII. 



JOSEPH STORY TO JEREMIAH MASON. 

Cambridge, May 25, 183 1. 

Mv DEAR Sir, — I thank you most sincerely for your kind and 
consoling letter. Mrs. Story and myself have been indeed exceed- 



334 



Memoir of yere^niah Mason. 



C HA ITER 
VIII. 



ingly wretched. The calamity which has befallen us, was so sud- 
den and awful, that it sunk us into utter despair. Our dear little 
daughter was in our eyes, one of the most lovely and perfect of hu- 
man beings, and we really idolized her. Her death has made every- 
thing about us desolate. I am myself now quite calm, having mas- 
tered the struggles of my first feelings. At first I was unable to 
offer any resistance, and buried my thoughts in solitude and silence. 
The duties of my office have recalled me to the business of life, 
and this has for a part of every day relieved me from the burden of 
my own personal griefs. Indeed, there can be but two sources of 
relief in cases of parental bereavement. The one is employment, 
which diverts our thoughts ; the other is religion, which soothes 
them into confidence and hope. I have a firm confidence in the 
goodness of God, and in his parental mercy and wisdom, though it 
is utterly mysterious to me. I ought not to doubt that it is all for 
the best, and I confess, that but for the hopes of a glorious immor- 
tality, and reunion with departed friends, I should sink into total 
despair. This furnishes the only means by which I am able to 
reconcile the melancholy events of this life with any notions of a 
just and beneficent Providence. Mrs. Story remains quite feeble 
and desponding. She is however calm and tranquil, but extremely 
o-loomy. I have felt a good deal of anxiety on her account, but I 
trust that time will bring the usual alleviations, and by removing 
the images of the past, enable us both to partake of the common 
blessings of society. As for happiness, 1 confess that I have little 
expectation that we shall, or can ever feel it again as we have been 
accustomed to do. There will be a darkness in our minds that 
must forever shade every earthly prospect. 

Mrs. Story sends her love to Mrs. Mason, and I beg to be most 
kindly remembered to her and the family. 

Believe me most truly and affectionately your friend, 

Joseph Story. 



The Charles River Brido-e Case. 



335 



JOSEPH STORY TO JEREMIAH MASON. 

Cambridge, Amrmber 19, 183 1. 

My dear Sir, — I am very much obliged to you for the copy of 
the New Hampshire Resolutions, which you have sent me, and for 
the minutes of your argument in defense of them. The former I 
shall place at large in a note to my lectures on Constitutional Law ; 
the latter I shall incorporate as far as I may into my text. Docu- 
ments of this sort are becoming more and more valuable every day. 
I am just returned from Rhode Island, where I had very little busi- 
ness of an important nature. Just at the moment of my departure 
from home, I received a letter from the Chief Justice, statins that 
his health was so much better that he expected to return home 
the next (now past) week. If I had not received this letter, as the 
weather was favorable and my health much restored, I believe that 
I should have ventured on to Philadelphia. I am now engaged on 
the Charles River Bridge Case. After it is finished, I .should be 
glad to have you read it over, if I thought it might not give you 
too much trouble. It is so important a constitutional question, that 
I am anxious that some other mind should see, what the writer 
rarely can in his zeal, whether there is any weak point which can 
be fortified or ought to be abandoned. The general structure of 
the argument I hope is sound. But all the details may not be. 

I send you a copy of my Mount Auburn address, of which I beg 
your acceptance ; and also a printed copy of the lines which I 
promised Mrs. Ma.son. With my kind regards to all the family, 
I am very truly your affectionate friend, 

Joseph Story. 



Chapter 
VIII. 



JEREMIAH MASOX TO JOSEPH .STORY. 

Portsmouth, November 2^, 1831. 

Mv PEAR Sir, — I have received your letter with your Mount 
Auburn address and the elegy, which wc had before .seen and read 



33^ 



Memoir of yeremiah Mason. 



Chapter 
VIII. 



with much interest. I am much pleased with the address. You 
have certainly executed a task of considerable difficulty with much 
success. I will most willingly examine your opinion on the case 
you mention, and give you the result of my reflections on it. I am 
exceedingly rejoiced that the Chief Justice is doing so well. I trust 
and hope in divine mercy that his life and strength may be con- 
tinued till the danger to the judiciary from the present dynasty shall 
have passed away. I cannot refrain from communicating to you in 
confidence a matter of great importance to myself, in which your 
kindness has led you to express an interest. I have come to a de- 
termination to remove to Boston, next spring. In preparation for 
it, when at Boston a few days ago, I purchased a house near that of 
my friend Mr. Lawrence. Whether this resolution will be for the 
better or worse, time only can resolve. For special reasons I wish 
nothing said of it at present. Mrs. Mason and my family desire 
their kindest regards to yourself and Mrs. Story. 

With great esteem I am, as ever, faithfully yours, 

J. Mason. 



JOSEPH STORY TO JEREMIAH MASON. 

Cambridge, Deccmhr 23, 1831. 

My dear Sir, — Owing to my recent illness, from which I am 
now, as I trust, entirely recovered, the preparation of my opinion in 
the Charles River Bridge Case was suspended. I have just com- 
pleted it ; and it is to be copied, and I hope to send it to you by the 
middle of the next week. If you should have examined it suffi- 
ciently to give your opinion, I should be glad to receive it before I go 
to Washington, which will be by Sunday the 2d of January. If not 
I will thank you to send it to me by mail at Washington. I wish 
to make some remarks to explain its great length, and the repetition 
of the same suggestions in different parts of the same opinion. 
I have written my opinion in the hope of meeting the doubts of 
some of the brethren, which are various and apply to different 



Report on MamifacttLres. 



aspects of the case. To accomplish vc\y object, I felt compelled to 
deal with each argument separately, and answer it in every form, 
since the objections of one mind were different from those of an- 
other. One of the most formidable objections is the rule that royal 
grants, etc., are to be strictly construed. Another is against impli- 
cations in legislative grants ; another is against monopolies. An- 
other is that franchises of this sort are bounded by local limits ; 
another that the construction contended for will bar all public 
improvements. I have been compelled, therefore, to re-state the 
arguments in 'different connections. I have done so hoping in this 
way to gain allies. I should otherwise have compressed my opin- 
ion within half the limits. 

Believe me very truly and affectionately yours, 

Joseph Story. 



in 



Chaiter 
VIII. 



JEREMIAH MASO.N TO DANIEL WEBSTER. 

Boston, May 2-j, 1832. 

Mv DEAR Sir, — Letters from Washington, stating the unanimity 
of the committee of the House of Representatives on manufactures, 
with the exception of Mr. Barbour, in reporting a bill in accord- 
ance with the views of the Secretary of the Treasury, have created 
great alarm. Those best informed on the subject, are united in 
opinion, that such a bill if passed, will prove fatal to the woolen 
manufacturers. They think that no rate of ad valorcvi duties can 
be safely substituted for the minimum duties. While the foreign 
woolen trade shall continue in the hands of foreigners, and often 
the manufacturers, who can readily furnish such inventories and 
other evidence of the cost of the articles imported, as they please, 
no vigilance in the custom-house officers could detect and prevent 
frauds. Under the present administration, it cannot be expected 
that much pains will be taken to prevent known frauds. The best 
conducted woolen factories have been maintained with great diffi- 
culty. Taken altogether, they have probably since 1824, been a loss 
43 



0*^ 



Aleinoir of yeremiah Mason. 



Chapter 
VIII. 



to their owners, equal to the amount of the interest of the money 
employed in them. The one I till lately was interested in, proved 
much worse than this ; there was a loss besides interest, of a part 
of the capital. Increased skill now affords better prospects. But 
the present bill, if enacted, will I think, turn many of them into 
cotton factories, and cause others to be abandoned. 

The woolen manufactory directly interests a larger portion of the 
people of the United States than any other. All the wool growers 
are directly interested. If this be sacrificed, what ground of hope 
can there be that other branches, less important, and 'not so directly 
affecting the interests of great numbers, will not successively expe- 
rience the same fate. It seems now to be better understood than 
formerly, that the ruin of one branch of industry or one kind of 
property, must unavoidably disturb and injure all the rest. 

I thought the New York convention took the only safe ground, 
which was to defend the whole system. This unites all its friends. 
It must be defended on this ground or not at all. Alterations and 
modifications not materially affecting the principle of protection, 
are of course to be admitted. Let the wool growers and woolen 
manufacturers be now sacrificed, and it is idle for the cotton manu- 
facturers to expect when attacked, to have their aid. The only 
security is in the union of all the friends of the protection system. 
For this end all the interests must be faithfully protected. The 
whole line must be protected or the battle will be lost. 

Besides, I do not see what is to be gained by yielding up this 
essential part of the system. As I understand the case, the enemies 
of the protection of manufacturers deny that government has the 
right to attempt it. This is certainly the ground assumed by their 
leaders, and a dissolution of the union is threatened as the penalty 
for the exercise of this right. The right is not. in the opinion of a 
vast majority of the nation, of a doubtful nature. To attain it was 
certainly among the chief inducements to form the government. 
A great majority deem the exercise of it essential to their welfare ; 
and, as far as it has been exercised, the results have been eminently 



The. Tariff. 



339 



successful. Immense interests are involved. Under such circum- 
stances, to yield a part, in hopes of appeasing the violence of the 
opposers, seems to me to be ^n indication of weakness and folly. 
This yielding will not satisfy or appease your opponents, but en- 
courage them to reiterated assaults till the whole system shall be 
abandoned. It will be early enough to yield a part and to modify 
when there shall be reasonable ground to expect that the doing so 
will produce satisfaction and lessen the violence of opposition. I 
do not believe that yielding at the present time would produce that 
effect. On the contrary, I think it would encourage opposition and 
increase its violence. Such is ordinarily the effect of yielding to 
unprovoked and unjustifiable threats. I would do nothing to in- 
crease the hopes of the Southern States that the exercise of the 
power in question would be abandoned. The due exercise of it is 
in my opinion not only essential to the welfare of the country, but 
to the very existence of the Union; without it the government would 
not be worth preserving, and such, I believe, would on trial, be 
found to be the opinion of all the Northern and Eastern States. 
The abandonment of the exercise of this power would immediately 
overwhelm New England with poverty and ruin. 

1 do not pretend to calculate the effect of the passing of this bill 
on the approaching presidential election. In process of time, I 
have no doubt it would render its advocates unpopular and odious. 
But as the operation of it is probably suspended to a future day, 
the effects would not be felt by the people till after the election will 
be over. If anything less than public suffering and calamity can 
awaken the people to a sense of their true interests, it would seem 
that the unprincipled conduct and mischievous attempts of the 
present administration would do it. 

General Jackson has sufficiently explained what he means by a 
judicious tariff. 

A number of gentlemen, and Mr. .\. Lawrence among the rest, 



Chapter 
VIII. 



/ 



340 



Memoir of Jeremiah Mason. 



Chapter 
VIII. 



are about setting out for Washington to explain and enforce their 
views on the pending measure. 

I am as ever, faithfully yours, 

J. Mason. 



DANIEL WEBSTER TO JEREMIAH MASON. 

AVashington, June 23, 1832. 

My DEAR Sir, — I duly received your letter, ten days ago. Mr. 
Biddle, when he wrote you, requested me to send you copies of the 
Reports, which I promised to do ; but in truth, I had none to send, 
nor did we any of us get more than one copy, until two days ago, 
when Mr. Bell, as he informs me, sent you one. I have to-day 
received your second letter, and it has caused me to finish a duty 
which I commenced yesterday, that is, to write you on the subject 
of your first. I have reflected a good deal, and spoken to several 
friends, Mr. Bell, Mr. Clay, Mr. A. Lawrence, and others, as to the 
necessity which the " Globe " may be supposed to have imposed on 
you to answer its slanders. On the whole, the result of opinion is, 
that there is no immediate occasion for your appearance in print. 
The abuse of the " Globe," on this point, will hardly affect the inter- 
est or fate of the bank, in its present crisis, and if it should, its mis- 
chief would be accomplished before your statement could appear. 
My own impression is, that after the adjournment of Congress, let 
the question go which way it may, it will he expedient for you, at 
your leisure, to make a suitable publication, and think it may prob- 
ably be expected. No doubt, the authority on which the " Globe " 
proceeds, is Mr. Woodbury, Mr. Hill, Mr. Hubbard, etc., etc., or 
some of them. In the House of Representatives the Tariff Bill 
will probably be passed or rejected to-day. I know not w'hich. 
If it come here, we shall try first, to amend, and second, if we can- 
not amend, to postpone the whole subject. Our majority at best 
will be small and feeble. Party absorbs everything. New York 
(her politicians) are obviously willing to sell the tariff, or anything 



The Bank Bill. 



341 



else, for the sake of making Mr. V. B. Vice President. We shall 
know in a few days what the end is to be. The House of Repre- 
sentatives will probably take up the Bank Bill, Monday or Tuesday. 
I think it will pass that house, but the prevailing impression is, 
that the President will return the bill with his objections. 

Yours truly, 

D. Webster. 



Chaiter 

vm. 



Chapter IX. 



CHAPTER IX. 

Mr. Mason's Life and Correspondence, from his Removal to Boston in 1832 till his 
Death. — Professional and Social Life in Boston. — Death of his Son James. — 
Retirement from Active Professional Labor. — Declining Years. — Death and 
Character. 

IN 1832 an important event took place in Mr. Mason's life: he 
removed his residence from Portsmouth to Boston. This was a 
change he had long had under consideration, and he did not come 
to a decision without a careful weighing of the arguments for 
and against it. He was then sixty-four years old, and he was too 
wise a man not to know that, in general, it is not expedient to 
• change either residence or occupation after the age of sixty. But 
there were reasons which made his case an exception to the gen- 
eral rule. 

Portsmouth had been for many years a stationary, and had begun 
to be a declining town. The source of its former growth and pros- 
perity had been dried up by the general pacification of Europe in 
18 15. The productive energy and enterprise of New England, 
once so profitably occupied in foreign commerce, the carrying 
trade and shipbuilding, were now largely diverted to manufactures, 
and for these, Portsmouth, so rich in facilities for commerce and 
shipbuilding, had no especial advantages. The professional busi- 
ness which Mr. Mason drew from Portsmouth itself was rather 
diminished than enlarged. His labors were not lessening, and his 



income was not increasmg. 



And he was now getting to be an old 



Removal to Dosto7i. 



343 



man, and age is not locomotive. His frequent journeys on profes- 
sional business calls, and his lona; absences from home, were crow- 
ing more and more irksome to him. Were he in Boston, his practice 
would be in that city or its immediate neighborhood. His name 
and face were well known in the courts of Massachusetts, and his 
professional reputation was as high in Boston as in Portsmouth. 
He had every reason to believe that in the metropolis of New Eng- 
land the practice of his profession would be at once less laborious 
and more lucrative than in Portsmouth. And in a social point of 
view he had more to gain than to lose by the change. Though 
there were many families in Portsmouth to whom he and his were 
strongly attached, yet his earliest and most intimate friends, such as 
Judge Story, Mr. Webster, Mr. Ticknor, Mr. Amos Lawrence, and 
Mr. Abbot Lawrence, were all in Boston, or its immediate vicinity; 
and it was much to him to exchange the occasional and imperfect in- 
tercourse by letter for the full and free communion of speech. And 
there were yet stronger attractions than those of friendship draw- 
ing him to Boston, for his son, James, was established there in busi- 
ness, as a partner in the house of J. W. Paige & Co., and another 
son, Charles, was just about to enter Harvard College. 

It is probable — though no intimation of the kind appears in his 
correspondence — that Mr. Mason's annoying experiences as pres- 
ident of the Branch Bank of the United States in Portsmouth, as 
told in the preceding chapter, formed the weight which at last 
turned the doubtful scale. He was not a sensitive man ; his frame 
and spirit were alike too robust for that; but he was not indif- 
ferent to the good-will of his neighbors, and his was one of those 
natures which feel more than they express. It pained and doubt- 
less surprised him, that among his townsmen and neighbors there 
was a certain amount of dormant unfriendliness which took shape 
and utterance in an unreasonable opposition to his official course 
as president of the branch bank. The source of this unkindly 
feeling may be found in certain touches of nature which make the 
whole world kin. 



Chaiter IX. 



344 



Memoir of yereniiah Mason. 



Chapter IX. 



Mr. Mason was a great man in a small town. In intellectual 
force there was no one equal to him, and no one second to him. 
But some men bear with impatience the sway of an understanding 
superior to their own ; and thus, while he had the respect of all, 
while he had many warm friends, there were some who feared him 
and some who envied him. He had not the character or the man- 
ners which make men popular. He never angled for the good 
opinion of others. Conscious of his strength, and careless of conse- 
quences, he never suppressed what he thought, and never uttered 
what he did not think. He read men with a sharp and penetrating 
glance. No form of weakness could escape him ; and for such 
weakness as took the form of vanity or pretention he had an intol- 
erant contempt, which he took no pains to conceal. He always 
spoke his mind with great freedom. His powers of sarcasm were 
great ; he said pointed and pregnant things which were forgotten 
by himself, but never by those against whom they were directed. 
Men who are universally popular, of whom everybody speaks well, 
usually have in their characters something of weakness, or some- 
thing of insincerity; and the kind of unfriendliness "which Mr. 
Mason called forth was really a tribute to his intellectual force and 
the manliness of his nature. 

The final parting was less hard to him than to Mrs. Mason, whose 
sweet and gentle character awakened nothing but good-will, and 
who was attached to the home where she had so long lived by in- 
numerable memories of kindness and sympathy, alike in joy and 
sorrow, on the part of her friends and neighbors. 

But when the change was made, and they were established, neither 
he nor his family found any occasion to regret the step that had 
been taken. Indeed, if there were any regret, it was that the re- 
moval had been so long postponed. Had he come to Boston when 
he left the Senate in 1817, it would have been a wise measure. He 
would have worked less hard, earned more money, and had a wider 
range and higher class of social enjoyment. ^ 

As it was, he found all his expectations more than met. He was 



Professional Life in Boston. 



received by his proicssional bretiiren with cordial welcome and by 
none could his learning and power have been more thoroughly ap- 
preciated than by the able bar which Boston then had, comprising 
such men as Webster, Hubbard, Dexter, Choate, Rand, Fletcher, 
Charles G. Loring, and Charles P. Curtis, to say nothing of the living. 
And he could not fail to count it among the great felicities of his 
new position that he was to argue cases before a court presided over 
by so great a lawyer and magistrate as Chief Justice Shaw. He 
found his time fully employed in the practice of his profession, both 
as chamber counsel, and as senior counsel in the conduct of causes; 
and in both capacities, the interests intrusted to him were of great 
magnitude, and the legal questions were, of a kind worthy of his 
powers. His written opinions were especially sought in the con- 
struction of wills, and in the solution of difficult problems in the law 
of real property, and frequently too in nice points of commercial 
law, and in constitutional law. I have before me at this moment a 
quarto MS. volume, of three hundred and forty-six closely written 
pages, containing upwards of fifty opinions, many of them long 
and elaborate, and all marked by aftluent learning, logical power, 
and a singularly clear and terse legal style. The earliest is of the 
date of September, 1S32, and the latest of May, 1842. 

The volumes of Pickering's Reports, from the fourteenth to the 
twenty-third inclusive, contain twenty-six cases in which Mr. Mason 
appears as senior counsel, many of them of great magnitude and 
importance ; and during the same period he was of counsel in nine 
cases, of a similar class, in the Circuit Court of the United .States. 
Of course, as every lawyer knows, a great deal of business must have 
been done by him which never resulted in questions of law to be 
heard by the whole court. He also often appeared before com- 
mittees of the Legislature when important legal questions were 
under consideration, or large property interests were involved, and 
was heard with great attention and respect. 

Mr. Mason found his social relations at Boston most agreeable. 
He took a large and handsome house on Trcmont Street, to which 

44 



3+5 



Chapter IX. 



346 



Mejiioir of ycre^niah Mason. 



Chapter IX. 



his own friends, old and new, and the friends of his children, were 
cordially welcome. Always given to hospitality, always fond of 
conversation, it was a great pleasure to him to renew his intercourse 
with his friends of long date, such as Mr. Webster and Judge Story, 
and hardly a less pleasure to form new acquaintances, and exchange 
thoughts with the fresh and active minds of a young generation. 
For he followed the wise advice of Dr. Johnson, and kept his 
friendships in repair. His heart warmed to every young man of 
professional or general promise with whom he was brought in con- 
tact; and many who were once young and are now old will recall 
with grateful recollection his frank and manly kindness. 

It was in the spring of 1832 that I, being a law student, first saw 
Mr. Mason. We met at the house of our common friend, Mr. Tick- 
nor, a house for so many years known in Boston for its elegant 
hospitality, and the cultivated and agreeable society which gathered 
there. Every member of the bar and every law student in New 
England knew at least two things about him : that he was a very 
great lawyer and a very tall' man. My knowledge of him went 
somewhat further, for I had often heard both Mr. Ticknor and 
Judge Story speak of him, the latter always in strong admiration of 
his legal attainments and logical power. I was, of course, prepared 
for his commanding stature, but his manner was not exactly what I 
had expected. It was more quiet and simple than such as young men 
usually associate with great intellectual power. His complexion 
was fresh and healthy, and his face more smooth and unwrinkled 
than in most men of his age. Had I seen him without knowing 
who he was, I should have taken him for a prosperous farmer. As 
I glanced from his face to that of Sir Walter Scott, in a fine por- 
trait by Leslie which hung over the fireplace, I thought .1 saw some 
resemblance between the two. His voice was lower and gentler 
than seemed in harmony with his stately presence. He used no 
gesture in speaking; there was nothing peremptor)' or emphatic 
in his tone, and his manner was the reverse of dictatorial or over- 
bearing. I noticed that his language was plain, almost homely, and 



Habit of asking Questions. 



347 



that his accent had a strong New England flavor. For both of 
these peculiarities I had been prepared. 

From that time I often saw Mr. Mason, and nothing could be 
more agreeable than the intercourse I had with him. The fact that 
I had passed a year and a half in my childhood in his native town 
of Lebanon seemed to make a bond of sympathy between us, and 
led him to talk freely of his own early life, and the men and man- 
ners of a former age. He was fond of the conversation and society 
of young men. One reason of this was that he was much given to 
the asking of questions. This is a form of conversational inter- 
course which can only be cautiously indulged in between equals in 
age and station, because it seems to imply a relation of superiority 
and inferiority. The conversation between kings and their sub- 
jects is usually in the form of questions and answers. But, of 
course, no young man could object to giving to a man of Mr. Mason's 
age and eminence the largest and freest range of inquiry. Nor did 
Mr. Mason in the asking .of questions take any attitude of superi- 
oritv. He was — what those who knew him slightly did not sus- 
pect — a modest man, more ready to disclaim the right that be- 
longed to him than to assert any which did not. If he asked ques- 
tions, the reason was simply that he was all his life a keen ob- 
scrv'er and student of men. No book-worm ever read books with 
more interest than he read men, and of all persons I have ever known 
he was the most penetrating and the most accurate observer of hu- 
manity. No man ever interpreted more unerringly the outward 
signs by which the inward nature is revealed. Men stood before 
him as if made of glass. And every new human being that he met 
was an object of special interest to him, like a new book to a scholar, 
or a fresh specimen to a naturalist. And the asking of questions 
was his way of reading the living book. 

In conversation he was not only one of the most instructive of 
men, but one of the most agreeable. In talking with a young man 
he never assumed any vantage-ground of age or eminence. He 
had so much real power that he could afford to be frank and sim- 



Chapter IX. 



348 



Chapter IX. 



Memoir of jferemiah Mason. 



pie. He never talked down to a young man ; never infused any 
condescension into his manner; never wounded one's self-esteem by 
the trick of drawing out. He laid his own mind fairly alongside 
the mind of the person he was talking with. He had no occasion 
for those artifici'al defenses of a stately manner and a formal style of 
speech which weak men sometimes throw up to prevent a too near 
approach. In all my personal intercourse with him he was as frank 
and free as if we had been equals in age. He told me 7nany inter- 
esting anecdotes of his professional life and his experiences at 
Washington, which I now regret that I did not record at the time. 
Alas, how many things there are which we neglect to do when 
young, and are sorry for it when old ! He discussed with great free- 
dom the statesmen and lawyers he had known, and never spared 
those whom he thought weak or selfish or unprincipled. 

Mr. Mason's discourse was not only the discourse of a wise man, 
but it was seasoned with certain mental traits not always found in 
combination with wisdom. He had a keen sense of the ludicrous, 
and the quickest discernment of any weakness that was a legiti- 
mate subject of ridicule. Thus his conversation had point and 
flavor, a homely vigor and energy, and a certain originality both of 
thought and expression. His memory was stored with personal 
anecdotes and characteristic traits and incidents illustrating the 
peculiarities of the distinguished men he had known. He was a 
frank and courageous talker, never keeping anything back from 
over-cautiousness, or an apprehension that somebody might think 
that what he was saying was not exactly proper for a man of his 
age and position. I have never known an old man whose conver- 
sation had so much of youthful spirit as his. I recall one or two 
instances illustrating this trait. 

He told me once that when quite a young man he had a profes- 
sional conference with Mr. Theophilus Parsons, before the latter 
was made Chief Justice of Massachusetts. Among the elements in 
the case was a certain conveyance of parish land, by a clergyman, 
and its nature and effect were under discussion. Mr. Mason sug- 



Carresponde7ice in dccliniiig Life. 



gcstcd that it might be held to be a covenant to stand seized. Mr. 
Parsons turned to him quickly, and said: " Mason, I like that ; that 
is a good idea of yours; in the relation between a clergyman and his 
parish there is some analogy to that between a man and his wife." 
Mr. Mason went on to tell me: " I didn't know, or had forgotten, 
that a consideration of blood or marriage was necessary to support 
a covenant to stand seized, but I said nothing, and as soon as I got 
home, I took down my books and began to study the subject, and 
found the blood spurting out between the very lines of the page." 

On one occasion he came into Mr. Sumner's office, which was 
next to mine, and found him engaged in writing an address to be 
delivered before a Peace Society. After a little good-natured ban- 
ter on the part of Mr. Mason, and an equally good-natured defense 
of his views by Mr. Sumner, the former, rising to take his leave, 
said : " Well, Sumner, vou may be right, but I should just as soon 
think of joining a society for the suppression of thunder and light- 
ning as a society for the suppression of war. " 

Mr. Mason's correspondence, after his removal to Boston, declined 
in extent. This is the common experience of life. Not only do 
the friends of our youth and manhood depart before us, but the im- 
pulse to write letters grows weaker as we grow older. In tlie ver- 
nal season of life man obeys the general law which bids the bird 
sing and the tree burst into leaf Youthful friendship seeks ex- 
pression, and young men and young women write to each other be- 
cause the full heart overflows, and its waters cover the page. It is 
their own satisfaction, rather than the satisfaction of their corre- 
spondents which moves them. But in declining life our affections 
tlow in narrower and deeper channels. The frost of repression locks 
up the currents of the soul which once ran so freely. We think 
more but write less, and when we do write, our words are touched 
with the finger of time. Emotions are like blossoms ; they seem 
out of season in the autumn. The line of the poet, — 
"Be his the natural silence of old age," 



349 



Chaiter IX. 



350 



Chapter IX. 



Mejnoir of Jeremiah Mason. 



involves a truth which all who have reached old age will recog- 
nize. 

Mr. Mason's habitual correspondents had never been numerous, 
and two of them, Mr. King and Mr. Gore, to both of whom he 
looked up with a peculiar feeling of attachment and respect, died 
in the same year, 1827. Of his surviving friends, those whom he 
most valued, Judge Story, Mr. Webster, and Mr. Ticknor, were 
near at hand ; and thus, after 1832, most of his correspondence 
was upon public affairs with Mr. Webster, while the latter was in 
the discharge of his public duties in Washington. 

JEREMIAH MASON TO DANIEL WEBSTER. 

Boston, May 27, 1832. 

Mv DEAR Sir, — Letters from Washington, stating the unanim- 
ity of the Committee of the House of Representatives on manu- 
factures, with the exception of Mr. Barbour, in reporting a bill in 
accordance with the views of the Secretary of the Treasury, have 
created great alarm. Those best informed on the subject are united 
in opinion, that such a bill, if passed, will prove fatal to the woolen 
manufactures. They think that no rate of ad valorem duties can 
be safely substituted for the minimum duties. While the foreign 
woolen trade shall continue in the hands of foreigners, who are often 
the manufacturers, who can readily furnish such inventories and 
other evidences of the cost of the articles imported, as they jjlease, 
no vigilance in the custom-house officers would detect and prevent 
frauds. Under the present administration, it cannot be expected that 
much pains will be taken to prevent known frauds. The best con- 
ducted woolen factories have been maintained with great difficulty. 
Taken altogether they have probably since 1824 been a loss to their 
owners, equal to the amount of the interest of the money em- 
ployed in them. The one I till lately was interested in, proved 
much worse than this. There was a loss besides interest, of a part 
of the capital. Increased skill now affords better prospects. But 



Woolen Maniifactitres. 



351 



the present Inll, if enacted, will, I think, turn many of them into 
cotton factories, and cause others to be abandoned. The woolen 
manufactory directly interests a larger portion of the United States, 
than any other. All the wool-growers are directly interested. If this 
be sacrificed, what ground of hope can there be, that other branches, 
less important and not so directly affecting the interest of great 
numbers, will not successively experience the same fate. It seems 
now to be better understood than formerly that the ruin of one 
branch of industry, or of one kind of property, must unavoidably 
disturb and injure all the rest. I thought the New York convention 
took the only safe ground, which was, to defend the whole system. 
This unites all its friends. It must be defended on this ground, or 
not at all. Alterations and modifications, not materially affecting 
the principles of protection, are of course to be admitted. Let the 
wool-growers and woolen manufacturers be now sacrificed, and it is 
idle for the cotton manufacturers to e.xpect when attacked, to have 
their aid. The only security is in the union of all the friends of the 
protective system. For this end, all the interests must be faithfully 
protected. The whole line must be protected, or the battle will be 
lost. Besides, I do not sec what is to be gained by yielding up this 
essential part of the system. As I understand the case, the enemies 
of the protection of manufactures, deny that government has the 
right to attempt it. This is certainly the ground assumed by their 
leaders, and a dissolution of the Union is threatened as the penalty 
for the e.xercisc of this right. The right is not, in the opinion of a 
vast majority of the nation, of a doubtful nature. To attain it was 
certainly among the chief inducements to form the government. A 
great majority deem the exercise of it essential to their welfare, and 
as far as it has been exercised the results have been eminently suc- 
cessful. Immense interests are involved. Under such circum- 
stances to yield a part in hopes of appeasing the violence of the 
opposers, seems to me to be an indication of weakness and folly. 
This yielding will not satisfy or appease your opponents, but en- 
courage them to reiterated assaults, till the whole system shall be 



CllAPl ER IX. 



352 



Memoir of yeremiaji Mason. 



Chai'Ter IX. 



abandoned. It will be early enough to yield a part, and to modify, 
when there shall be reasonable ground to expect that the doing so 
will produce satisfaction and lessen the violence of opposition. I 
do not believe that yielding at the present time would produce that 
effect. On the contrary, I think it would encourage opposition and 
increase its violence. Such is ordinarily the effect of yielding to 
unprovoked and unjustifiable threats. I would do nothing to in- 
crease the hopes of the So"uthern States that the exercise of the 
power in question would be abandoned. The due exercise of it is 
in my opinion not only essential to the welfare of the country, but 
to the very existence of the Union. Without it the government 
would not be worth preserving, and such, I believe, would on trial, 
be found to be the opinion of all the Northern and Eastern States. 
The abandonment of the exercise of this power would immediately 
overwhelm New England with poverty and ruin. I do not pretend 
to calculate the effect of the passing this bill, on the approaching 
Presidential election. In process of time, I have no doubt, it would 
render its advocates unpopular and odious. But as the operation of 
it is probably suspended to a future day, the effects would not be 
felt by the people till after the election will be over. If anything 
less than public suffering and calamity can awaken the people to a 
sense of their true interests, it would seem that the unprincipled 
conduct and mischievous attempts of the present administration 
would do it. General Jackson has sufffciently explained what he 
means by a judicious tariff. A number of gentlemen, and Mr. A. 
Lawrence among the rest, are about setting out for Washington 
to explain and enforce their views on the pending measure. 

I am, as ever faithfully, yours, J Mason. 



DANIEL WEBSTER TO JEREMIAH MASON. 

W..\SHINGTON, June 23, 1832. 

My DEAR Sir, — I duly received your letter ten days ago. Mr. 
Biddle, when he wrote you, requested me to send you copies of the 



The Tariff Bill. 



" Reports," which I promised to do ; but, in truth, I had none to 
send ; nor did we, any of us, get more than one copy, until two 
days ago, when Mr. Bell, as he informs me, sent you one. 

I have, to-day, received- your .second letter, and it has caused me 
to finish a duty which I commenced yesterday, that is, to write you 
on the subject of your first. 

1 have reflected a good deal and spoken to several friends, — Mr. 
Hell, Mr. Clay, Mr. A. Lawrence, and others, — as to the necessity 
which the 'Globe' maybe supposed to have imposed on you, to 
answer its slanders. On the whole, the result of opinion is, that 
there is no immediate occasion for your appearance in print. The 
abuse of the 'Globe,' on this point, will hardly affect the interest 
or fate of the bank, in its present crisis; and if it should, its mis- 
chief would be accomplished before your statement could appear. 
My own impression is, that, after the adjournment of Congress, let 
the question go which way it may, it will be expedient for you, at 
your leisure, to make a suitable publication. I think it may prob- 
ably be expected. No doubt, the authority on which the ' Globe ' 
proceeds, is Mr. Woodbury, Mr. Hill, Mr. Hubbard, etc., etc., or 
some of them. 

In the House of Representatives, the Tariff Bill will probably be 
engrossed, or rejected, to-day, I know not which. If it come 
here, we shall try, first, to amend, and, second, if we cannot amend, 
to postpone the whole subject. Our majority, at least, will be small 
and feeble. Party absorbs everything. New York (her politicians) 
are obviously willing to sell the tariff, or anything else, for the sake 
of making Mr. V. B. \'ice President. 

W'^c shall know in a few days what the end is to be. The House 
of Representatives will probably take up the Bank Bill Monday or 
Tuesday. I think it will pass that house ; but the prevailing 
impression is, that the President will return the bill, with his 
objections. Yours, truly, 

Daniel Webster. 

45 



IS1> 



Chapter IX. 



354 



Memoir of yeremiaJi Mason. 



Chafter IX. 



JEREMIAH MASON TO DANIEL WEBSTER. 

Boston, January 8, 1835. 

Dear Sir, — The Legislature was organized yesterday. A nomi- 
nation will be made within a few days, unless some unforeseen 
obstacle comes in the way. I have seen Governor Davis, whose 
feelings and opinions are, as always, entirely right. Mr. Hale, and 
perhaps, some others, who are rightly inclined, but habitually slow 
in action, seem desirous of having a more formal communication 
with the Massachusetts Representatives, at Washington, on the 
subject. Letters have been sent to Washington, but, I think, 
answers will not be waited for. One difificultv suggested against 
the movement is, that a nomination would cause your resignation 
of your seat in the Senate, at the end of the present session. This 
is stated vaguely, on the authority of a supposed intimation made by 
you. This, some of your friends have denied. I do not think that 
a nomination would create any necessity for a resignation. Indeed, 
I think a resignation of your place in the Senate, for this cause, 
would be considered as false delicacy. In this I know many of 
your best and soundest friends concur. It would cause universal 
regret. At all events, it seems to me there is no necessity for 
making such a determination at this time. If the election is to be 
finally determined in the House of Representatives, the presence of 
a candidate at Washington, without exerting any improper influence, 
will be advantageous. 

As to personal considerations for your resignation, I hope 
arrangements can be made to counteract their influence. Some 
individuals here, who have a right to speak with authority, say 
such arrangements can and shall be made. 

Truly yours, 

J. Mason. 



Pn-sidc7itial Prospects. 



355 



DANIEL WEBSTER TO JEREMIAH MASON'. 

Washington, February i, 1835. 
Mv i>KAR Sir. — I received your letter yesterday, and the mail of 
to-<iay brings intelligence verifying your prediction tiiat Mr. Davis 
would be elected Senator. So far as regards the filling up the 
vacant seat in the Senate, nothing could be better. I hope all the 
evil will not happen, which is expected or feared, arising from the 
difficulty of finding him a successor in the administration of the 
executive government of the State. I do not think Mr. Adams will 
ever again consent to be candidate ; certainly not against Mr. 
Everett; and Mr. liverett and Mr. Hates arc not men to sufter 
the harmony of the State to be disturbed by a controversy among 
their personal friends. 1 am still most anxious that all fair means 
should be used to settle this masonic and anti-masonic quarrel in 
Massachusetts. Vou have little idea how much it retards opera- 
tions elsewhere. The reported debate in the Whig Caucus, on 
the subject of the Bristol Senators, is industriously sent to every 
anti-masonic quarter of the Union, and has excited much unkind 
feeling, and thereby done mischief \Vc arc endeavoring here to 
make the best of Borden. Our anti-masonic friends in Congress 
will write to him, advising him not to commit himself to any course 
of public conduct, till he shall come here and sec the whole ground. 
The nomination appears to have been done as well as it could be. 
I mean, of course, in the manner of it. No fault is found with it by 
our friends, so far as I know. Measures are in train to produce a 
correspondent feeling and action, in New York, V^ermont, and some 
f)ther States. The Legislature of Maryland is now in session, and 
I have seen a letter to-day, which says, that if Mr. Clay were fairly 
out of the way, that Legislature would immediately second the 
NLissachusetts nomination. Mr. Clay does nothing, and will do 
nothing, at jiresent. He thinks — or perhaps it is his friends who 
think — that sonutliittg may yet occur, perhaps a war, which may, in 
some way, cause a general rally round him. Besides, sundry of the 



CnAriER IX. 



56 



Memoir of ycremiah Mason. 



Chapter IX. 



members of Congress from Kentucky, in addition to their own 
merits, rely not a little on Mr. Clay's popularity, to insure their 
reelection next August. They have been, therefore, altogether 
opposed to bringing forward any other man at present. Public 
opinion will, in the end, bring out these things straight. If Mas- 
sachusetts stands steady, and our friends act with prudence, the 
union of the whole Whig and anti-masonic strength is certain. 
Everything indicates that result. Judge McLean already talks of 
retiring. His nomination seems coldly received everywhere. Un- 
less Indiana should come out for him, I see no probability of any 
other movement in his favor. Mr. White's nomination is likely to 
be persisted in. Neither you nor I have ever believed it would be 
easy to get Southern votes for any Northern man ; and I think the 
prospect now is, that Mr. Van Buren will lose the whole South. 
This schism is calculated to give much additional strength to our 
party. If Mr. W. appear likely to take the South, it will be seen 
that Mr. Van Buren cannot be chosen by the people ; and as it will 
be understood that Mr. White's supporters are quite as likely to 
come to us, in the end, as to go to Van Buren, his course will lose 
the powerful support which it derives, or has derived, from an 
assured hope of success. The effect of those apprehensions is 
already visible. The recent attempt to shoot the President is much 
to be lamented. Thousands will believe there was plot in it ; and 
many more thousands will see in it new proof, that he is especially 
favored and protected by Heaven. He keeps close as to the ques- 
tion between White and Van Buren. I have omitted to do what I 
intended, that is, to say a few words upon that part of your letter 
which relates to myself, more directly. In a day or two I will make 
another attempt to accomplish that purpose. Mr. Taney's case is 
not yet decided. A movement is contemplated to annex Delaware 
and Maryland to Judge Baldwin's circuit, and make a circuit in the 
West for the judge now to be appointed. If we could get rid of 
Mr. Taney, on this ground, well and good; if not, it will be a close 
vote. We shall have a warm debate on the Post Office Report, the 



Political Speculations. 



AlaUiina resolutions, and other matters; but I think my course is 
to talcc no prominent part in any of them. I may say something 
against expunging the Journal. 

Yours truly, D. Webster. 

UAMEL WEBSTER TO JEREMIAH MASOV. 



Mv DEAR Sir, — I return Mr. 



Washington-, March 19, 1835. 
's letter. Mr. A. did quite as 



I well in his letter to the ' Statesman " as could be expected. \Vc 
have not yet acted on the New Hampshire nominations. I know 
I not whether to desire to reject them or not. Decatur and Cush- 
man are in great danger, but would they be succeeded by anybody 
'' better .' And if Hill should be rejected, should we not have him in 
I the Senate.' Appearances in various parts of the country indicate 
j dissatisfaction with the present state of things. The stock of 
' patronage is exhausted, and many are left unprovided for; and 
they are looking out for other parties and other leaders. It is 
admitted, I believe, by most, that Mr. Clay is gaining rapidly in the 
I West. Kentucky is doubtless strong for him, and as against any- 
body but General Jackson, he would take nearly all the Western 
\ votes. In the mean time, the anti-masonic party, steadily increasing 
in New York, is breaking out like an Irish rebellion in Penn- 
sylvania It goes on with a furore that subdues all other feeling. 
These things put party calculations at defiance. The party here 
arc obviously very much alarmed. The administration Senators are 
understood to have held a caucus two nights ago, and endeavored 
to unite and rally. Something more of tone and decision has been 
since visible. It may secure, perhaps, the confirmation of all the 
appointments. As to measures, they arc irreconcilable. They 
cannot stir against the tariff. As a means of union, and a neces- 
sary means, they seem now inclined to keep the present President 
in office through a second term. He now intends to hold on, 
beyond all doubt. Here, again, accidents to his life or healtli would 



357 



ClIAITER IX. 



58 



Meinoir of yeremiah Mason. 



Chapter IX. produce quitc a new state of things ; so that, on the whole, I do not 
think there has been a period in our time, when one could see less 
of the future than the present. 

I thank you for your civil sayings about my speech. It has made 
much more talk than it deserves, owing to the topic, and to the 
times. I hope it is doing some good at the South, where I have 
reason to think it is very generally circulated and read. 

Yours, very sincerely, D. Webster. 

Having cut my thumb, I write even worse than usual. 



In June, 1835, another great sorrow fell upon Mr. and Mrs. Ma- 
son, in the death of their second surviving son, James Jeremiah 
Mason, in the thirtieth year of his age. It was a bitter grief to 
them, and called forth the strongest expressions of sympathy from 
their many friends. Their son was fondly loved by them ; and he 
deserved all their love. And it was hard for him to be called away 
from life so soon, for he had much to make life sweet. His person 
was handsome, his manners were engaging, his disposition was 
amiable, his business prospects were brilliant, and he had recently 
been most happily married. He was the first of their children to 
marry ; and every parent can understand the pleasure with which 
they looked forward to seeing a son settled near them, in a home of 
his own. But all these fond hopes and anticipations were suddenly 
shattered. In course of a journey to the South, in the spring of 
1835, the seeds of a disease were sown in his frame, which, upon his 
return, took the form of a fever, which ended in his death, after a 
brief illness. 

ji:ri;miau m.\son to gkokgk tickxor.' 

Boston, .i^//-// 3, 1836. 

Mv DEAR Sir, — I feel much obliged to you for your letter of the 
2 1st December, notwithstanding the apparently inexcusable delay 

' Mr. Ticknor, at the date of this letter, was residing with his family in Dresden. 



Political Prospects in England. 

in answering it. I have in truth been much occupied with profes- 
siunal engagements during the winter term of our court, which 
are not yet ended. A more efficient cause, is, I am habitually a 
very dilatory cf>rre.spondent. If you will grant me further favor, I 
will endeavor to obser\e better manners for the future. I am glad 
to know that your opinion of the present state and future prospects 
of Kngland is so favorable. You certainly had a fine opportunity 
of seeing and judging. I have been delighted with Mrs. Ticknor's 
journal. It seems impossible to have spent four months to better 
advantage. The power and influence of that nation are so vast, 
that her course must of necessity materially affect not only our 
own country, but all other countries of the civilized world. I was 
not aware that the wealth of the commercial and manufacturing 
classes had increased with the rapidity you state. This must cer- 
tainly affect the balance of power in the government. The relative 
power of the nobility and ancient landed gentry has certainly 
lessened, and must continue to lessen still more. Their power 
rested essentially in their property. The stability of the govern- 
ment consisted chiefly in the close connection between property and 
political power. This has always been found to be the only safe 
foundation for stability in free governments, where the people are 
opulent. Wherever great wealth abounds, it will be the prime object 
of desire. It cannot be rendered secure to its possessors, without 
giving them the power necessary to defend it from all assaults. As 
the wealth of the commercial and manufacturing classes increases, 
in the same degree ought their political power to increase. If this 
newly acquired power can be kept under the influence of property, 
the government may change in some of its features, according as 
the taste of the new possessors of power differs from the old. But I 
see cause to apprehend revolution in want ot stability. So long as 
the House of Commons shall truly represent the property of the 
nation, the institutions necessary for the security of property will 
be preserved in vigor. A House of Commons, elected by any in- 
fluence other than that of property, will be likely to make war on it, 



359 



Chaitkr I\. 



l6o 



Chapter IX. 



Memoir of yeremiah Mason. 



or at least become careless about its protection and security. 
Against such a House of Commons, the Peers can make no effi- 
cient stand. In this connection I consider the late change in 
the qualifications of electors of members of Parliament, and the 
new modeling of the municipal corporations, greatly the most impor- 
tant of all the attempted innovations on the British Constitution. If 
the elective franchise be extended so far as to sfet bevond or free from 
the control of property, I should anticipate further changes leading 
to trouble and confusion. While property governs, it matters little 
whether it be in the hands of the landed gentry, or of the capitalists, 
or in the hands of whigs or tories. I know this aristocracy of wealth 
is apt to be evil spoken of But in a country where wealth greatly 
abounds, I doubt whether any other foundation for a stable free 
government can be found. It may be in some degree checked and 
modified by other influences. But after all the real power must 
mainly rest in property. In our country, it is quite apparent that 
most of our troubles arise from the ri<rht of universal suffracje. This 
is our radical error. Should we ever arrive at such a degree of wealth 
as Great Britain now has, it will be entirely impracticable for us to get 
on, without great changes in our government. According to your 
account of the riches of that country, we need not fear encountering 
this danger soon. Our wealth, however is, in my opinion, increas- 
ing as rapidly as is desirable. 

The information given you by the British minister at Dresden, 
that the apprehension of a rupture with Russia made the French 
Government anxious to settle their misunderstanding with us, was 
an extraordinary circumstance. That is unquestionably the true 
key to the unexpected offer of the British mediation, and also to 
the timely discovery by the French Government, of the satisfactory 
explanation in the President's last speech, of the insult in his former 
speech. It is not a little remarkable that this information should 
first come (as I believe it did) by way of the North of Germany. 
They might have had at Washington conjectures, but I doubt 
whether they had anything in the nature of facts to rest their con- 



Prcsidaitial Prospects. 



;6i 



jectiircs on. It was generally believed here that the President was 
inclined for war. Many expected it. A war spirit was rising, and 
there is no doubt the country would have sustained the President 
on the ground he took. If the French had not yielded the point, 
as here they are understood to have done, war must have been the 
consequence. History affords few instances of war for causes more 
trivial or foolish. There is a strong expectation, as you doubtless 
know, that the Presidential election will result in the elevation of 
Mr. Van Buren. Judging from present appearances he will be 
elected by the people. Mr. Webster has retired from the contest. 
Perhaps he may be voted for by Massachusetts, for the reason that 
this State cannot be brought to vote for either of the other can- 
didates. The Whigs of New England will make no effort to sus- 
tain Harrison or White. Mr. Van Huren will profess to follow in 
the tracks of the old hero, but he will not inherit his immense per- 
sonal popularity. None of the Southern States will be cordial in 
his support. Some of them will oppose him, notwithstanding his 
efforts to conciliate them. But I think there can be no such union 
between the opposition of the South and the North as will render 
it powerful or efficient. The opposition in the Senate has lost its 
ascendency, and Congress is now in full blast. Two new States, 
Michigan and Arkansas, will be admitted into the Union, during 
the present session. Both of them will be Van Buren States. The 
most exciting political subject of the present time is the abolition 
of slavery. There are now at least five hundred abolition societies 
in the United States, and they are rapidly increasing, both in num- 
bers and zeal. Few political men of any standing have yet joined 
them. As soon as they show themselves powerful at the polls, they 
will not want fur political leaders. Dr. Channing's pamphlet, 
which you have doubtless seen, has gone through several large edi- 
tions. It has exposed him to much censure, not only from slave- 
holders, but from many not infected with that taint. Very many 
of his friends think it unfortunate that he meddled with a subject 

so entirely unmanageable for any practical purpose. The people 
46 



Chaptkr IX. 



;62 



Memoir of yeremiah Mason. 



Chapter IX. 



of the South are greatly excited and alarmed. Calhoun and your 
friend Preston take a prominent lead. '1 hey are suspected of an 
intention of making use of this subject as a means of dissolving 
the Union, and establishing a Southern Republic. In my opinion 
no question has arisen since the establishment of our government 
so dangerous to its permanence, as this. Whenever the abolition- 
ists gain such an ascendency as to induce any interference, on the 
subject of slavery in the Southern States, those States will with- 
draw from the Union. They seem united in opinion, that a regard 
for their safety would require them so to do, and to erect a govern- 
ment especially calculated to protect them against slave insur- 
rection. Our good city moves on its accustomed course. Money 
is the main object, and that is obtained fast enough to satisfy 

most of its votaries Those of my own family are as far 

recovered from the effects of our overvvhclmina: domestic calam- 
ity, as could be expected. Indeed,' Mrs. Mason has shown more 
resignation, patience, and fortitude than I expected from her. They 
all unite with me in affectionate regards to yourself, Mrs. Tick- 
nor, and Anna, to whom I request to be remembered in a spe- 
cial manner. I am flattered with the assurance that amid all the 
novelties she is constantly seeing, she permits me to retain a place 
in her recollection. We miss you more than I can express. As Mrs. 
Ticknor's health, the professed object of your going abroad, seems 
now pretty well established, I am selfish enough to wish that a Rus- 
sian war, or something else, should drive you home, before the expi- 
ration of the threatened period of your absence. 

I am, my dear Sir, as ever, with entire esteem, faithfully yours, 

J. Mason. 

DANIEL WEBSTER TO JEREMIAH MASON. 

New York, June 30, 1836. 

Mv DEAR Sir, — .... Affairs were in a pretty state of excitement 
when we left Washington. Be assured, Maryland, Ohio, and Ken- 



Retirement from Active Practice. 



tucky. are irretrievably lost to the administration. Indiana, also, 
and probably Illinois and Missouri. Recent events will hasten on 
the contest, and it will be impossible to restrain the people from 
bringing out Mr. Clay as a candidate against Gengral Jackson. We 
had a great run of luck, especially in the House of Representatives, 
the last week of the session. I hope to see you soon. As to my scat, 
I shall not act suddenly on that subject. Sometime ago, you ex- 
pressed a wish that Mr. Madison might come out against this nulli- 
fying doctrine. That object is secured. In due time the public will 
have the benefit of his opinions, in the most gratifying manner. I left 
Washington on Monday, the moment of the adjournment, and came 
hither, without much delay. At Philadelphia I saw Mr. Diddle and 
some other gentlemen, and we had a hearty laugh at the fortunes 
which have befallen your puissant accusers, Hill, Decatur, and 

Cushman 

I am, dear Sir, yours as ever, D. Webster. 



JOSKl'M STORY TO JEREMIAH M.\SON. 

CAMriRiDGE, Dtccmbcr 29, 1837. 
Mv DEAR Sir, — I enclose you a copy of the title-page and dedi- 
cation and preface of my new work.' I hope that you will not think 
that I have taken too great a liberty with your name, in what I 
have said, as it is a very moderate expression of my own opinions. 

The work will probably be published about the first of February, 
being now nearly all printed, with the exception of the Indexes and 
a few sheets of the text. I shall have the pleasure of asking you to 
a( tfpt a copy, when it is published. 

I am with the highest respect, truly yours, 

Joseph Story. 

In 1S38, on conii)Ieting his seventieth year, Mr. Mason, in accord- 
dance with a resolution formed long before, retired from active prac- 

* The Coinm^ntarus on Equity PUadings. 



Z^Z 



Chapter IX. 



;64 



Chapier IX. 



Memoir of ycremiah Mason. 



tice in the courts, and during the rest of his life confined himself to 
the duties of chamber counsel. Herein he found all the profes- 
sional employment he wanted ; and his family, his friends, and his 
books, filled up all the time not needed for the claims of his clients. 
He never knew the burden of unoccupied hours, or the dreariness 
of living without an object. In July, 1842, he accepted, in the follow- 
ing letter, an invitation from Mr. Ticknor to come to Woods' Hole, 
where he and his family were passing the summer. 

JEREMIAH iM.ASON TO GEORGE TICKNOR. 

Boston, July 23, 1842. 

Mv DE.\R Sir, — I am mucli obliged by your kind invitation to 
repeat my visit to you in your seclusion this summer. Recollecting . 
the high enjoyment I had there the last season, I find it impossible 
to refuse your present invitation. I received your letter on my re- 
turn with Mrs. Mason from Connecticut, where we had been to see 
my relatives. I. contemplate soon making a short tour somewhere 
with' my daughters, after which, sometime during the month of 
August, I intend to avail myself of your invitation, bringing with 
me some of my family, of which I will give you seasonable notice. 
Mrs. Mason and my daughters desire their best regards to Mrs. 
Ticknor and Anna, with thanks to Mrs. T. for her note. 

You ought to be thankful that you have nothing but newspapers 
to pester you on the deplorable condition of our public affairs. 
The tone of conversation here has become distressingly desponding 
and sad. Public and private credits are daily sinking lower and 
lower. All important business plans suspended, and the merchants 
and capitalists, having nothing to do, interchange moans with each 
other. From Washington all hopes of relief are nearly abandoned. 
The prevailing opinion is that Congress will adjourn without doing 
anything effectual with the tariff. The general contempt for the 
President is increased, and the desertion of the Southern Whigs 
excites in many breasts very angry feelings. Amidst this general 



Visit to Mr. Tick 



nor 




gloom, a letter from A. Lawrence, just received, sheds a ray of hope 
on the pendin«r negotiation with Great Britain. He says, that Great 
Britain and "the United States have agreed on a line for the East- 
ern boundary, and that Massachusetts has assented to it. Hence it 
is inferred that the treaty will be made and the line established with 
or without the assent of Maine. 

I am with sincere regard, truly yours, J. Masox. 

A letter from Mr. Ticknor to Mr. Legare, written after Mr. Ma- 
son's visit, gives a pleasant glimpse of the latter in his hours of so- 
cial ease. 

\\'ooD.s Hole, August z\, 1S42. 

Mv DKAR Lkoark, — . . . . Mr. Mason came last week and passed 
a few days with us. He was very amusing, — talking more than 
common and less politics, and in a less lugubrious tone. He feels 
that at seventy-five he need not trouble himself much about what 
you do at Washington, and th(jugh the state of the country deprives 
him of four or five thousand dollars a year from his hard earned in- 
come, he neither frets nor whines about it. Things will last out 
his time; and for posterity, they must do as he has done, — fight 
it out. So he played whist, and made merry; took a nap in the 
forenoon, and a cigar in the afternoon, in short, was in the best 
possible condition. But he gives you all up at Washington, and 
thinks it is time there was a Convention of the Free States, to look 
out for themselves. 

The veto came while he was here, and good fun he made of it. 

DA.VIEL WEBSTER TO JEREMIAH MASON. 

Washington, ^//^«i'/ 21, 1842. 

Mv DEAR -Sir, — I cannot forego the pleasure of saying to an old 
and constant friend, who, I know, takes a personal as well as public 
interest in the matter, that the treaty' was ratified last evening, by a 

' The Ashburton Treaty. 



Chapter IX. 



366 



Chapter IX. 



Memoir of ycremiah Mason. 



vote of thirty-nine to nine ! I did not look for a majority quite so 
large. I am truly thankful that the thing is done. 

Yours ever faithfully, 

l3. Webster. 

JERKMl.MI MASON TO DANIEL WEBSTER. 

Boston, August 2?>, 1842. 
My dear Sir, — You are entirely right in the belief that I feel 
deeply interested in the matter of your treaty, as well for public as 
personal reasons. In my opinion it is of more importance to the 
welfare of the country than anything that has 'taken place since the 
Treaty of Ghent. Such I believe to be the public opinion. Your 
merits in this negotiation are universally admitted to as great an 
extent as can be desired. What affects you so essentially, cannot fail 
to excite a strong personal interest with me. For be assured, my 
dear Sir, that there has never been a moment during our long con- 
tinued friendship when I feel more deeply interested in your welfare 
than I do at the present time. While I most cordially congratulate 
you on your present success and the increase of your reputation as a 
statesman therefrom, I cannot forbear suggesting my fear and anx- 
iety for the future. When the late cabinet so hastily resigned their 
places, under the supposed influence of Mr. C, I certainly thought 
you acted rightly in not going out at his dictation. The eminent 
services vou have since performed will satisfy all whose opinions 
are of any value, that you judged rightly in remaining in office to 
enable you to do what you have done. This important affair is now 
brouo-ht to a happy conclusion, and your best friends here think that 
there is an insuperable difficulty in your continuing any longer in 
President Tyler's Cabinet. Having no knowledge of your standing 
or personal relations with him, or of your views, I do not feel author- 
thorized to volunteer any opinion or advice. I presume you are 
aware of the estimation in which the President is held in this re- 
o-ion. By the Whigs he is almost universally detested. This de- 



Mr. Webster s Return to the Senate. 



testation is as deep and thorough as their contempt for his weakness 
and fullv will permit it to be. I use stronsr lantjuaire, but not stronger 
than the truth justifies; your friends doubt whether you can either 
safely to your own character and honor act under or with such a 
man. It is generally understood that Mr. Choate will resign at the 
end of this session. In that event your old seat in the Senate will 
be open to you ; on some accounts that would not seem altogether 
desirable. I have heard it suggested that you might have Mr. 
Everett's place in England and let him go over to France. 

I repeat that for the reasons already intimated I give no opinion 
or advice as to what is best and most expedient. I hope and trust 
you will judge and determine rightly. Lord Ashburton has been 
received here in a manner, I presume, quite satisfactory to himself 
He lauded you publicly and also in private conversation in terms 
as strong as your best friends could desire. 

1 am, my dear Sir, as ever, faithfully yours, 

J. Masox. 

lUNIKI. Wi:i!STER TO JEREMI.MI M.\SOX. 

Washington, February (>, 1844. 

Mv DEAR Sir, — I have received your letter of January 29th. The 
story of my being about to remove to New York is quite idle. 
Having entered into engagements to take part in three or four 
causes, to be heard in that city, some young gentlemen invited 
me to take a room near theirs, for my use, when there, with access 
to their library-, etc. This I agreed to as being convenient to me ; 
and probably they supposed it would not be prejudicial to them. 
The subject of returning to the Senate has been suggested to mc, 
from various quarters. At the present moment I see no great pub- 
lic object to be accomplished, by such a movement, and it might 
only excite expectations not likely to be fulfilled. No great inter- 
est can be felt for what remains to be done, under the present ad- 
ministration. The country is likely to be mainly occupied with the 



Z^l 



Chapter IX. 



368 



Chapter IX. 



Memoir of yeremiah Mason. 



next election. The result of that election may enable us to see 
what is before us, more clearly. Mr. Choate's term expires in 
March, 1845, and from the proposed time of his resignation to that 
time, I do not see much that could be done for good. Besides, I 
think it would be rather awkward to be in the Senate now. I could 
not probably approve much of what should be done by the admin- 
istration ; and it w^ould be disagreeable to find myself obliged to op- 
pose vigorously, an administration to which I have myself belonged. 
There being therefore, in my judgment, no great public object to be 
attained, I feel the more at liberty to consult my private conven- 
ience. I am now a little engaged in the law, and need strongly 
enough what fees I may be able to pick up. To be sure, I should be 
very glad to be done with the courts ; but their atmosphere, if not 
altogether pleasant, is yet usefully bracing, to those whose purses 
are slender, however it may be with their constitutions. On all 
accounts, therefore, I think it better that 1 should, for the present, 
remain where 1 am. Let us sec what the ensuing election may 
brin*-- forth. I dare say there is no very strong desire that I should 
return to the Senate. The body of the Whigs might wish it, but 
there are other candidates, who may like the chance, and there are 
also some promiment men who have not yet digested the spleen, 
generated by past events. As to these last, let them indulge them- 
selves, I shall bide my time. 

I am, dear Sir, yours very truly, 

Daniel Webster. 

A diary kept by his eldest daughter, Mary Mason, and seen by 
no one but herself till after her death, contains a few entries touch- 
ing the last years of her father's life, which may be here appro- 
priately introduced. 

1845, November. — My dear father seems deeply touched by the 
sorrow of our beloved friends,^ and we talked a good deal upon the 

1 The death of Robert Lawrence, the youngest son of Mr. .md Mrs. Amos Lawrence, is here alluded to. 



The Avery Trial. 



369 



recognition of friends in Heaven. He thinks the doctrine is no- chapter ix. 
where clearly revealed in Scripture, but it is one no human mind is 
willing to give up. He hopes to recognize his mother there, of 
whom he has the most delightful recollection. 

1847, January. — Father says that during the'Avery trial, a young 
clergyman came to him and told him that the Lord had revealed to 
him in a dream that Aver)- was innocent and had commanded him 
to tell him. Father asked if it had been revealed to him how it 
could be proved. The man acknowledged that it had not. Then 
father told him he had no confidence in his dream. 



\%\-], March. — Father was reading this afternoon Peabody's 
" Sermons on Consolation." He said he liked them, but should have 
liked them better if they were more orthodox. He wanted to keep 
all the orthodo.vy he had. He would give almost anythin<T he 
had for the strong faith of his grandfather. Fitch, who was a pious, 
good, old man, and used to take a great interest in him, when he 
was a young man, thinking, as he was going to college, that he 
would certainly be a minister. 

1847. March. — Father seems depressed at times, and to feel the 
burden of old age pressing very heavily upon him. He often says 
that his chief business now is to prepare for a better world, and 
that he is constantly trying to do so. He seems to feel intima- 
tions which he cannot describe, that his days are not to be long 
on earth, and the tenderness of his affection for his family, and 
loving to have us close to him, is very touching. How thankful 
I feel that Charles is to be living so near him. He loves to talk 
of the resurrection, and was much interested this evenine: in hear- 
ing Dr. Stone's sermon upon the Church in Heaven. 

The Avery trial mentioned in Miss Mason's diary was that of 
the Rev. Ephraim K. Avery, a Methodist clergyman, charged with 

47 



370 



Memow of yeremiah Mason. 



Chapter IX. 



the murder of Sarah M. Cornell, before the Supreme Court of 
Rhode Island, in Newport, in May, 1833. It awakened an intense 
interest throughout New England, and especially in the State of 
Rhode Island. The fact that a Methodist clergyman, of hitherto 
irreproachable life, was charged with the crime of murder, and in- 
cidentally of adultery, was alone enough to create a strong sensa- 
tion, and there were, besides, many elements in the case calculated 
to stimulate and gratify a prurient taste. Persons took sides for 
and against the prisoner, and made up their minds beforehand as to 
his guilt or innocence, and on this account it was difficult to find 
twelve unbiased men to sit upon a jury. The trial lasted twenty- 
seven days, begining on the sixth day of May, and closing on the 
second day of June, and an immense number of witnesses were 
examined. It was one of those sensational cases for which Mr. 
Mason had little taste, and in which he was not often engaged, and 
he accepted the retainer as a mere matter of professional duty.. 

The great religious denomination to which the prisoner belonged 
were naturally desirous to secure in his defense the best profes- 
sional ability the country afforded, and the result showed the wis- 
dom they displayed in selecting a great lawyer and a man of con- 
summate judgment like Mr. Mason rather than a showy declaimer. 
The facts in the case were well calculated for Mr. Mason's peculiar 
powers. The issue of guilty or not guilty involved two inquiries : 
first, whether the unhappy young woman whose death was the cause 
of the trial committed suicide or was murdered ; and secondly, 
whether in the latter event, the prisoner was the guilty party. Of 
these two inquiries the former was the more important, for if the 
jury were satisfied of the murder, this, owing to the facts in the 
case, would have been one step, at least, towards the conviction 
of the prisoner, whose counsel had no other theory to account for 
the death than that it was an act of self-destruction. Mr. Mason's 
cue therefore was to persuade the jury that Miss Cornell had not 
been murdered, but had committed suicide. To this point his whole 
force was directed both in his argument and in the examination and 



TJic Avery Trial. 



371 



cross-examination of witnesses. His case was to be made out by 
inferences drawn from a great number of facts, and for this task his 
infinite patience, his tenacious memory, his logical power, and his 
unerring tact were admirably suited. The whole trial may be advan- 
tageously studied by the young lawyer as an illustration of what 
has before been said, that sound judgment is the most important 
elenjent in the conduct of cases, whether civil or criminal. His 
argument is a simple unimpassioned statement addressed to the un- 
derstandings of the jury, presenting the facts on behalf of the prisoner 
in that j)lain way which veiled the consummate skill with which they 
were marshalled. After such an argument, it may be safely said 
that a convicti(jn could not have been possible, though a divided 
jury might have been. The jjrisoner was acquitted, and though 
there was some local and temporary dissatisfaction, the general 
public were satisfied with the result. 

I will not vouch for the truth of the following anecdote ; but if 
not true it is probable. • It is said that some time after the trial a 
friend of Mr. .Mason's, not a lawyer, ventured to ask him whether 
he himself thought that Avery was innocent ; to which Mr. Mason 
replied with a smile. " Upon my word, I never thought of it in that 
light before." 

Another story told of him as happening in Newport durin"- the 
course of this trial, I believe to be true. A distinguished member 
of the Rhode Island bar, who had never before met Mr. Mason, had 
heard of his habit of asking questions, especially of new acquain- 
tances, and when presented to him he determined to forestall him 
in this particular, and accordingly began the conversation by a 
series of questions. .Among other things, he asked him whether 
he liked this and whether he liked that, of all which queries Mr. 
Mason answered some and parried others. At last his interrogator 
said : " Well, Mr. Mason, tell mc what you do like.' " To which Mr. 
Mason replied : " Why, I like to sit in this chair, and have a Rhode 
Island lawyer ask me questions." It is needless to add that the 
examination by interrogatories was not further continued. 



Chapfer I.\. 



372 



Chapter IX. 



Memoir of yeremiah Mason. 



A letter addressed to Mr. Mason in the last year of his life by 
Mr. C. G. Loring, one of the leaders of the Suffolk bar, shows the 
high respect in which the former was held by his professional 
brethren. 

CHARLES G. LGRI.VG TO JEREMIAH MASON. 

To Hon. J. Mason : — 

Dear Sir, — The Law Club will commence its winter meetings 
at my house on Monday, and I hope we may anticipate the gratifi- 
cation of your attendance. I am induced to write to you upon the 
subject, by an intimation at Judge Putnam's, that it was doubtful 
whether you intended to continue to us the pleasure of your atten- 
dance ; and from his saying to me, that he should retire if you did. 
I utter the feelings of all the members of the club with whom I 
habitually associate, and I doubt not of all the rest, that we should 
esteem the loss of yourself and Judge Putnam as one of the greatest 
privations we could incur — not to say the greatest. And I trust 
therefore, that for our sakes, you maybe induced to remain with us. 
Permit me too, to add, with the freedom which your great and un- 
varying kindness to me seems to authorize, that I cannot but think 
that the occasional intercourse of yourselves with those who enter- 
tain towards you sentiments of such profound respect and hearty 
affection, and who are almost inevitably secluded from you by their 
engrossing and arduous labors, at all other times, may do something 
to help the winters pass more agreeably, in retaining you still in the 
atmosphere of social labor, where you have done so much for your 
and their mutual good and honor. 

With very great affection and respect, 

Chari.es G. Loring. 
8 AsHBURTON Place, November 13, 1847. 



Death of Mr. Webster s Children. 



ni 



I'AMl-l. WLUMKK TO JEREMIAH MASON." 

Boston, May 8, 1848. 
Mv DEAR Friend, — I thank you for your kind letter, received 
some days ago, and for all the proofs of sympathy and affection 
manifested for us in our afflictions. These two calamities were un- 
expected. I find it difficult to hold up against them. Of five chil- 
dren, only one now remains. But I try to discipline myself and to 
submit without repining to the will of God. It is a sad thing to 
outlive our children ; but if it be so ordered by Divine Wisdom, I 
acquiesce. Ere long, I know that I must follow them. I shall not 
go to Washington for a week or ten days, and will find an occasion 
to see you and your family before my departure. You and Mrs. 
Mason are among those whom I and mine have longest known and 
most loved. I thank God that I am not deprived of cither of vou 
in this day of trouble. I look back on (nir long fricndshij) and in- 
tercourse, as a bright line along the course of life ; and it has been 
a continuing consolation, when connections the nearest and dearest 
have been struck down. 

With true regard and affection, yours, 

D. Webster. 

(^n the 27th day of April. 1848, Mr. Mason completed his eightieth 
year. Thus far the natural infirmities of age had pressed lightly 
upon him. His constitution was robust, his health had always been 
vigorous, and his intellectual powers had suffered 'no decline. He 
had the same pleasure in reading, and in the society of his family 
and friends, that he had always had. And so it continued durinsr 
the summer and early autumn of r848. It was in the montii of 
October that the final summons came, and the Providence which 
had crowned his life with so many blessings, was equally kind in the 
manner of his death, sparing him the burden of a long illness, and 

' Thi.i letter was in reply to one from Mr. Mason, called forth by the dcith of Mr. Webster's 
second son. Major Edward Webster, and .Mrs. Julia Webster Appleton, his daughter. 



Ch.vpter IX. 



74 



Chapter IX. 



Memoir of ycremiah Maso7t. 



sparing his friends and family the pain of seeing the mind decay 
before the body died. The following narrative of his last illness 
and death is taken from the diary of his daughter, Mary Mason, 
from which a few extracts have been previously given : — 

''October 15, 1848. — The blow has come at last, which has re- 
moved our noble head. Our beloved father is no longer here. He 
breathed his last peacefully at eight o'clock last evening, his dear 
ones all around him, and I think he was conscious of their presence 
almost to the last, for he pressed Charles's ' hand when he asked 
him if he knew him, I think within an hour of his death. We had 
thought him dying since ten o'clock in the morning, when Charles 
made an earnest prayer for him, at his request. Now that the 
solemn scene is over, let me try to recall some of the circumstances. 

" Sunday, the 8th of October, he was well, and went to church all 
day, which has been an effort to him during the last year, when his 
infirmities had increased, and an afternoon nap was necessary for 
his health and comfort. Monday, he drove mother out in the morn- 
ing, but did not seem very well ; but he called with her, as he had 
many times before, to see Mrs. Eustis, who has been so ill. He 
came home at his usual hour in the afternoon. I was sitting at the 
window. He sat down in his chair that he loved so well, and en- 
joyed a quiet hour of meditation, looking upon the western sky and 
sunset. How he loved that hour and view, and would seem to fix 
his eyes upon the distance, as if he would penetrate the brightness 
beyond! That evening was a very pleasant one. Miss Lyman 
took tea with us, and father made her sit down by him, and tell him 
of a visit she had been making in Lebanon, and talked with great 
interest to her of the old place. He has loved lately so much to 
speak of the home of his childhood. Dr. Potter," with Charles, were 
here in the evening. Dr. Potter sat all the time close to father, and 
seemed to value the privilege. 

" The next morning he did no.t come down to breakfast, and took 

1 His youngest son, an Episcopal clergyman, settled in Boston. 
^ Now the Right Reverend Horatio Potter, Bishop of New York. 



Last Illness. 



it late, and seemed unwell. I went into the library, and found he 
had laid down his paper. I asked him if I should read a speech of 
Mr. Webster's; but he did not listen with his usual interest. He 
soon lay down, but could not sleep, and mother sent for Dr. Ware, 
who seemed to think him more than commonly indisposed. 
He gave him calomel, and ordered him to live upon gruel. That 
evening \\i seemed ver)- miserable, but he insisted on going down 
to tea, and he and mother took tea together in the parlor, as we 
thought the dining room cold. In the evening, I read to him for 
the last time in his accustomed seat, passages from ' The Diary 
of Lady Willoughby.' Charles came in the evening, and thought 
him better. That night I slept in the ne.xt room, to be near. At 
about two o'clock, mother called me, and said he was very restless, 
and had a good deal of pain in his breast. I rubbed him with hot 
spirit, and put on a mustard plaster, which seemed to relieve him 
for the time. While I was doing this, my heart failed me, it was 
such a new thing to be doing this for him : it seemed as if his noble 
frame were yielding at last. He went to sleep again, but in the 
morning he seemed no better, and to have no wish to leave his 
reom. He was exceedingly restless, and could get no relief from 
change of position. He asked if George' had read prayers with us 
since he had been sick, and expressed a wish that the service should 
not be omitted. Mother came into the room. He said, ' Come 
here and sit by me ; I always love to have you near.' I asked if I 
should read to him. He said yes : and I read parts of the fourth 
and fifth chapters of Hebrews. Afterwards, when he and mother 
were alone, Charles came in and prayed with them. He lay down, 
as usual, after dinner, with mother at his side. In the afternoon, 
Marianne' went into the room, and found dear father trying to get 
up, but he did not seem to have the power. She was frightened, 
and called me, and we found he had lost the use of his limbs, but 
could not comprehend the difficulty. He said he must get up, and 
seemed so determined, that, with the aid of Charles, we got him into 



375 



Chapter IX. 



' His eldest son, an inmate of hLs father's family. 



His youngest daughter. 



?>7^ 



Memoir of ycreviiah Mason. 



ClIAlTER IX. 



his chair, where the doctor found him, and persuaded him to be put 
on the bed again ; and leeches were soen appHed to his head. 
While the doctor was attending to them, he turned round and said, 
' Why, doctor, I thought only old women put on leeches.' After 
this, he was wandering ; but his mind could always be recalled by 
questions, which he would answer in a way which showed he under- 
stood them. He was throwing his arms out once, as he often did, 
and mother asked him what he wanted. He said, ' Nothing.' She 
said, ' Man wants but little here below.' He showed that his ob- 
servation was still alive, for he immediately finished the couplet : 
' Nor wants that little long.' He asked Charles to pray with him 
several times, and intimated his comfort in it. When asked if he 
could place his whole trust in his Saviour, he said, ' What other 
trust can I have,' with earnest solemnity. In everything he said, 
— which was but little, for he spoke with great difficulty, — he 
showed great humility, but a firm reliance on the merits of his 
Saviour. His eyes were generally closed, but occasionally they 
were turned up with an earnest, devout look, as if in prayer. He 
seemed to know we were all about him, and often carried our hands 
to his lips, and put his arms around our necks and drew us down to 
him. The trial of helplessness, from his great weight, and from his 
being unused to be taken care of, must have been very painful to 
him ; but he took everything without complaint, and with perfect 
gentleness and patience. 

"Saturday, the 14th, his breathing seemed to be difficult. As the 
forenoon advanced, it grew more regular, and seemed peculiar. He 
was less conscious, and we felt that death was approaching. The 
family were all summoned. When Charles came in, he made an 
earnest prayer, commending his soul to his Maker and Redeemer. 
He made it close to his ear. He asked him if he had heard and 
understood him ; he pressed his hand, and tried to speak. He 
never spoke again, although I think he was conscious that we were 
about him. All day we were watching that beloved, venerable form, 
thinking that each breath might be the last. It did stop about 



His Death. 



n 



cij^ht o'clock in the cvcnins;. Without a struiitile or a sroan, the 
soul had fk-d : the noble form was left beautiful and serene, like a 
marble statue. " 

Mr. Mason's disease was paralysis, terminating in apoplexy. He 
died October 14th, 1848. and his funeral took place, October 17th. 
His remains were laid in the cemetery at Mount Auburn, after ser- 
vices in (irace Church, by the Rev. Alexander H. X'inton, D. D. 
A few weeks before his death, he had driven out to Ml. Auburn 
with iiis wife, and pointed out the spot where he wished to b6 laid. 

One or two little incidents occurred during his brief last illness 
which were characteristic of him. His son Charles asked him what 
kind of pain he had. He answered," I don't know of any pain that 
is pleasant." His daughter Mary chancing to make some casual re- 
mark in a low tone of voice, not intended for his ear, he asked her 
what ^he said, " Nothing, Sir," wa.s the reply. " Mary, what words 
vlid you use with which to say nothing.' " was his rejoinder. 

No memoir of Mr. Mason should conclude without some mention 
(<f his remarkable personal appearance. In his case, as in that of 
Dr. Jcihn.son, a powerful mind was inclosed in a giant frame. Like 
Saul, the son of Kish, he towered in stature above all his fellows. 
First in Portsmouth, and afterwards in- Boston, he was the tallest 
man who walked the streets. In his prime, when he stood erect, 
his height was six feet and six inches; though in declining life, by 
reason of a slight habitual stoo]j, he appeared less tall than he really 
was. His frame, slender in youth, expanded as he grew older, and in 
his latter years assumed a bulk proportioned to his height. His 
head, well formed and really large, seemed small in comparison with 
the size of his person. His movements were slow; he used no ges- 
tures in speaking; and so far as the body was concerned, his habits 
were inactive. His powerful constitution and temperate habits in- 
sured him long continued and vigorous health without regular exer- 
cise or any particular rules as to diet. He was capable of severe and 
protracted toil to the last. Few men of sixty-five could have borne 
as he did the exhausting strain and pressure of the Avery trial. It 



Chai'Tkk IX. 



378 



Memoir of jferemiah Mason. 



Chapter IX. | is not work that kills, but worry ; and Mr. Mason's was one of those 
happy organizations that burn none of the oil of life in worrying 
or fretting. 

The portrait at the beginning of the volume is a photograph from 
a bust by Clevenger. It well recalls Mr. Mason to those who knew 
him ; but to those who knew him not it hardly reproduces the calm 
power and kindly shrewdness of the original. 

Those who have read the preceding pages will have formed a 
distinct impression of what manner of man Mr. Mason was, and it 
only remains for me to fill up the outline already drawn, and s'et 
forth more in detail his traits of mind and character. In doing this 
I shall speak both from my own observation of him, and from the 
testimony of others who knew him longer and better. 

It should be borne in mind that Mr. Mason's public claims to 
remembrance, rest wholly upon his merits and eminence as a lawyer. 
There has hardly been a man in our country of his general intellec- 
tual force, whose labors and triumphs were so exclusively profes- 
sional as his. To the honors of literature he made no claim ; and 
though under favorable conditions he might have won enduring 
fame as a statesman, his term of public service was too brief, and 
fell upon too unpropitious times, to permit him to entwine his name 
with the histoiy of his country. 

And further it is to be noted that Mr. Mason was always a lawyer, 
and never a judge. The function of a judge is higher than that of 
a lawyer, and a seat on the bench is the natural reward of eminence 
at the bar : it is always so in England, and generally so in this 
country, unless the glittering prizes of politics prove the stronger 
attraction. The fame of a lawyer is at once local in its range, and 
brief in its duration. A great judge lives in his recorded opinions ; 
but a great lawyer, a brilliant advocate, lives only in memory and 
tradition, and soon becomes little more than a shining name. 

It is to be regretted that Mr. Mason never occupied a high judi- 
cial position.^ He had all the powers and accomplishments needed 

1 It will be remembered that Mr. Mason declined the post of Chief Justice of the Superior Court 
of New Hampshire. See page 152. 



Eminence as a Lawyer. 



for such a place ; such as learning, powerful logic, patience, c|uick- 
ness, calm courage, a dignified presence, robust health and conse- 
quent capacity for labor. He could not have failed to make a great 
judge. Had he not been too old at the death of Chief Justice Mar- 
shall, there was no man in the country more worthy to succeed that 
illustrious magistrate. 

Mr. Mason was a great lawyer, perhaps the greatest lawyer that 
ever practiced at the bar in New England. But when we call a man 
a great lawyer, we use language which has a certain degree of vague- 
ness. Chief Justice Parsons, Judge Story, Mr. Webster, Chief Jus- 
tice Shaw, Mr. Choate, were all great lawyers, but no two of them 
were alike. Each had powers and faculties peculiar to himself It 
is with lawyers as with painters; Raphael, Titian, Correggio, Rem- 
brandt, were great painters ; but they differ widely in their charac- 
teristics, and no trained eye would ever mistake a work of one for 
that of another. For those who did not know Mr. Mason, we must 
analyze and discriminate. The question to be answered is, wherein 
did he differ from the other great lawyers who were his contempo- 
raries, whether on the bench or at the bar. 

Mr. Mason's superiority as a lawyer may be thus stated: that of 
all men who ever practiced law in New England, he was the most 
fully equipped with all the weapons of attack and defense needed in 
the trial of causes. It is but putting the same thing in another 
form to say that of all men who have ever been at the bar in New 
England, he was the most formidable opponent. And of all lawyers, 
he was the most successful ; that is, no other man ever tried so many 
cases and lost so few, in proportion to the whole number that he 
tried. There was nothing which a client ever wants a lawyer to do 
for him which Mr. Mason could not do as well as any, and better 
than most. No man could argue a legal question before a court with 
more learning and power. No man could try a cause with more tact, 
judgment, and skill. Though not eloquent, in the common accep- 
tation of that term, no man could address a jury more persuasively 
and effectively. No man's opinions as chamber counsel, whether 



379 



ClIAITHR IX. 



38o 



Chapter IX. 



Memoir of yeremiah Mason. 



oral or written, were more carefully considered or wiser. No man 
in all the departments of professional life ever made fewer mis- 
takes. 

And what were the causes of Mr. Mason's success as a lawyer? 
what were the elements of his superiority ? what were the qualities 
which gave him such position and influence at the bar ? These 
questions require answers somewhat in detail. 

Of course, in the composition of a great lawyer, learning is an 
essential element. A man may be learned in the law and, yet from 
want of natural force, not be a great lawyer; but no man can be a 
great lawyer without learning. Mr. Mason's learning was confined 
to the common law. Though a mind like his was eminently fitted 
to grasp and apply the principles of equity jurisprudence, yet as he 
came late in life to the study of the subject, he never was a great 
equity lawyer ; but within the range of the common law, his learn- 
ing was profound, various, exact, and ready. His attainments 
seemed less than they were, because he never cared to make a dis- 
play of them. He disdained a parade of cheap learning. He never 
incumbered his briefs with needless authorities. He took it for 
granted that the court he was addressing was not ignorant of the 
law. His arguments were remarkable for the skill and power with 
which the rules of law were applied to the case in hand. That the 
stream of legal learning had passed over his mind was shown by its 
general fertility in legal principles and analogies. Thus, the more 
learning a judge had, the more would he appreciate Mr. Mason's 



arguments. 



And this affluent learning was accompanied by a power of rea- 
soning in which few equalled and none surpassed him. He was so 
strong in argument and so clear in statement, his native legal in- 
stincts were so sound, that he would have been heard with respect 
even if his learning had been meagre. His language was plain but 
appropriate, and he never used a superfluous word. 

Learning, logical power, and clearness of statement, will make a 
great lawyer, will secure to their possessor the confidence of his 



His yitdgDicnt. 



clients and the ear of the court ; but a man may have all these and 
yet be without skill in the trial of causes, and powerless before a 
jury. But here Mr. Mason was quite as strong as in the examina- 
tion and discussion of purely legal questions, and this too without 
the accomplishment of brilliant eloquence. But then he had every 
quality needed in the trial of causes, eloquence alone excepted. 

In the conduct of causes before a jury the most important element 
is judgment, that which is also the most important element in the 
conduct of life. Without judgment, learning is cold, and eloquence 
is a light which is quite as likely to lead astray as to lead aright. 
Causes are won not by brilliant strokes but by the continuous exer- 
cise of skill, tact, and discretion. Erskine, the most eminent of Eng- 
lish advocates, and Choate, the most eminent of American advo- 
cates, were quite as remarkable for judgment in the trial of cases as 
for powerful and captivating eloquence, and this was the preemi- 
nent quality of Scarlett, the most successful of English advocates, 
who won more verdicts in proportion to the cases he tried than 
even Erskine. 

In this primal quality of judgment Mr. Mason had no superior. 
From the beginning of a case to the end he never made a mistake. 
He left nothing undone which should be done: he did nothing 
which should be left undone. He never asked an injudicious ques- 
tion ; he never protracted the examination of a witness to a need- 
less length, and yet he never failed to extract from him all that was 
pertinent to the matter in hand. And he was as vigilant as he was 
judicious. Under a manner calm and seemingly impassive, he was 
all eye and all ear. Every expression of a witness's face, every tone 
of his voice, was carefully noted. And the impression made by the 
events of the trial, both upon the court and the jury, was also sedu- 
lously watched. 

His addresses to the jury always commanded their strict atten- 
tion, from their strength, clearness, and point. He understood the 
common mind, and knew how to hit it between wind and water. 
His reasoning was close yet easily followed ; he presented liis facts 



381 



Chapter IX. 



382 



Memoir of Jeremiah Mason. 



Chapter IX. 



with great skill ; his language was plain, but with a certain idio- 
matic point and flavor well suited for popular effect. He never 
wearied his compulsory audience by talking too long ; and his easy 
conversational tone established at once agreeable relations between 
him and them. And he had from nature a gift which did him good 
service on such occasions, and this was his keen perception of the 
ludicrous and his quiet vein of sarcasm. This power was always 
under the control of sound judgment and good taste, but it gave a 
peculiar seasoning to his arguments and helped to fix the attention 
of the jury. They expected these little touches of humor to come 
in occasionally, and did not permit their thoughts to stray, lest per- 
chance they might lose some of them.^ 

He never approached the trial of a case, however unimportant, 
without the most careful preparation. He never put a witness on 
the stand whom he had not thoroughly examined beforehand. Thus 
he was rarely taken by surprise, or had occasion to change front in 
the face of his enemy. And all his intellectual powers had the sup- 
port of a calm and even temperament. Nothing ruffled or discom- 
posed him ; he never lost his temper or his self-possession, and no 
one could have judged from his face and manner whether the cur- 
rent of the case was setting against him or for him. 

As an illustration of Mr. Mason's readiness and quickness in the 
trial of causes, I may mention here a little incident told me by the 
ccntleman who was actincj as his junior at the time. In the course 
of the examination of an important witness before a Boston jury, 
a question was asked by the presiding judge. Mr. Mason instantly 
rose, and, after checking the witness, said to the court : " May it 

' " I well recollect a description Mr. Webster once gave me of a change which he said he deliber- 
ately made in his own style of speaking and writing. He observed that before he went to Portsmouth 
his style was florid, — he even used the word ' vicious,' — and that he was apt to make longer sen- 
tences, and use larger words, than was needful. He soon began, however, to notice that Mr. Mason 
was, as he expressed it, 'a cause-getting man.' 'He had a habit,' said Mr. Webster, 'of standing 
quite near to the jury, so that he might have laid his finger on the foreman's nose ; and then he 
talked to them in a plain conversational way, in short sentences, and using no word that was not 
level to the comprehension of the least educated man on the panel. This led me to examine my own 
style, and I set about reforming it altogether.' " — Curtis' s Life of Wcbskr, vol. i. p. 90. 



Ills Method in Cross-examination. 



please your Honor, I should like to inquire on whose side you asked 
that question. If it is on our side we do not want it put, and if it is 
on the other side, the answer would not be legal evidence." 

Of all Mr. Mason's professional accomplishments, the popular 
mind was most impressed with his skill in cross-examination of 
witnesses. Most of the traditional stories current about him turn 
upon his triumphs in this department, wherein he undoubtedly never 
had an equal in the annals of the New England bar. One of those 
current in my young days was about his unfrocking and demolish- 
ing a man who, to give more effect to his false testimony, had ar- 
rayed Himself for the nonce in the garb of a Quaker. It was lono- 
remembered in the region where it happened as an exciting and 
amusing scene; amusing, at least, to every one but the victim. 

.Mr. Mason's method in cross-examination was peculiar. Infe- 
rif)r artists in this department are apt to approach their opponent's 
witness in a way which alarms him if he be timid, and provokes him 
if he be bold. The first questions arc a sort of declaration of war. 
The cro.ss-examination then becomes a keen encounter of wits if the 
witness be resolute and self-possessed, from which, however much 
the spectators may be amused, the client's cause gains but little. If, 
on the other hand, the witness be dull and with no skill in verbal 
fence, the instincts of self-preservation will prompt him to take 
refuge in silence, and say as little as he can. 

Mr. Mason began in a different fashion, when it was his cue to 
break down a witness by cross-examination. He did not frighten or 
bully him. His first questions were put in a tone and manner which 
lulled his apprehensions and threw him off his guard. They were 
generally such as a witness would readily answer, being seemingly 
remote from the matter in hand. Easy relations would thus be es- 
tablished between the questioner and the respondent, and the latter 
would perhaps felicitate himself in being so gently dealt with by one 
who had the reputation of being so searching and formidable in 
cross-examination ; gradually the inquiries became more convergent 
and consecutive; the folds began to tighten, and sooner or later a 



8 



J"-'0 



ClIAI'll'K IX. 



384 



Memoir of yeremiak Mason. 



CllAPTKR IX. 



point was reached when the witness supposing him always not to 
be speaking the truth, would pause in embarrassment and reflect 
whether he were telling a consistent story, and this, if continued, 
would be fatal to him. 

Of course, such a process would be of no avail, and even injudi- 
cious, in the case of an honest witness. Mr. Mason had too much 
good sense and too much experience not to know that in nine cases 
out of ten the attempt to break down a witness who is telling the 
truth, though in a clumsy way, only recoils on the head of him who 
makes it. But his knowledge of men was so great, his penetration 
so keen, his power of interpreting the signs of thoughts so remark- 
able, that he rarely or never made a mistake as to a witness's purpose 
and intent. 

I am indebted to my friend Mr. John J. Clarke, of the Boston 
bar, for an interesting incident in Mr. Mason's professional life, es- 
pecially illustrating his peculiar power in the cross-examination of 
witnesses. Soon after his removal to Boston, he was retained as 
senior counsel by Mr. Clarke, in the trial of an appeal from a de- 
cree of the judge of probate for the County of Middlesex, sustain- 
ing the will of a man who had recently died in one of the towns 
in that county. The issue raised by the appeal was upon the sanity 
of the testator at the time of the execution of the will. It pre- 
sented a nice question for the consideration of the jury, for he had 
died of delirium tremens, and the will was executed not long be- 
fore his death ; and though there were some periods during the last 
days of his life when he was hardly of disposing mind and memory, 
yet there were unquestionably others when he was entirely compe- 
tent to make a will, and the point to be determined was as to his 
sanity at the time the will was executed. 

Mr. Justice Wilde presided at the trial, which lasted three days. 
It excited much interest, and the court-room was crowded with 
spectators from first to last. The leading counsel for the heirs at 
law, who sought to impeach the will, was Mr. Hoar, of Concord, 
whose power over a Middlesex jury, as was well known, was so 



Sci'Jie in a Co7irt Room. 



great as to give to every cause in which he was retained a decided 
vantage-ground at the start. 

The principal witness in support of the will was a woman who 
acted as nurse to the deceased in his last illness. She was an intel- 
ligent ix:rson. and .Mr. Mason believed if she made her statements 
on the stand, under oath, as clearly and strongly as she had when 
questioned by counsel in their preparation of the case, that her 
testimony would be well nigh conclusive. 

The principal witness against the will was an acquaintance, and 
occasionally a boon companion, of the testator. Mr. Clarke had rea- 
son to believe that he was prepared to swear falsely, and that he 
could be broken down by such a cross-e.xamination as Mr. Mason 
was able to administer, and this was one of the reasons which de- 
termined him in the choice of a .senior counsel. The case was 
opened on behalf of the heirs at law, as they had taken the appeal. 
Two or three of their witnesses, not being of any great importance, 
were cross-e.xamined by Mr. Clarke. Hut when the princijial wit- 
ness above mentioned was jjut upon the stand, Mr. Clarke whis- 
pered to .Mr. Mason, and said that he should devolve upon him the 
cross-examination of this witness. 

When the direct examination, which made a favorable impression, 
had been concluded, Mr. Mason asked jK-rmission for a brief con- 
ference with his junior. Turning to Mr. Clarke, he said, " Is the 
nurse in court .' " Mr. Clarke replied that she was. " Where is she ? " 
rejoined Mr. .Mason; '■ jjoint her out to me." Mr. Clarke pointed 
her out accordingly, in a distant part of the court-house. ' Go to 
her," continued Mr. Mason, "and see if she is ready to swear to all 
that she has told you." Mr. Clarke, reluctant to draw upon himself 
the gaze of the whole court-house by so novel a procedure, made 
some objection, but Mr. Mason said very decidedly, " Do as I desire 
you, and leave the responsibility with me." Mr. Clarke accordingly 
made his way with some difficulty through the throng, spoke with 
the witness a few moments, and came back and reported to his senior 
that all was right. 



385 



CllAI'TKR IX. 



86 



Memoir of ycrcmiaJi Mason. 



Chapier IX. 



Mr. Mason then began his cross-examination. In an easy, con- 
versational, and seemingly friendly tone he asked a number of ques- 
tions which had little to do with the case, with a view to disarm the 
witness's suspicions, and put him off his guard. To this end, also, 
he occasionally interspersed a remark or two commendatory of the 
witness's manner and readiness in replying. This continued for a 
brief season, when Mr. Hoar objected to the cross-examination as ir- 
relevant, but the judge allowed it to go on. A few moments later, 
the objection was renewed, and again overruled. After a short in- 
terval Mr. Hoar arose, and with great earnestness and emphasis ap- 
pealed to the court for the third time, protested against a course of 
examination which was wasting the time of the court in inquiries 
which had nothing to do with the matter in hand, and insisted that 
Mr. Mason should state the purpose for which his questions were 
asked. Judge Wilde replied that it was not usual to restrict a law- 
yer of Mr. Mason's experience in the cross-examination of a witness ; 
that to state the purpose for which a question was asked would 
often defeat such purpose, and that all that could be asked of Mr. 
Mason was to say that he had an object in his inquiries. Mr. Ma- 
son then rose, and said that, upon his honor, every question he had 
put was put with a purpose, and that this purpose would be revealed 
in due season. 

After this no further interruption took i)lace, and the cross-exam- 
ination went on some time longer, and had apparently been brought 
to a close, and the witness had begun to congratulate himself that 
his fiery ordeal had been passed without harm. After a moment's 
pause, Mr. Mason rose, and slowly approaching him, said, " Mr. Wit- 
ness, I am much obliged to you for the frankness and fullness with 
which you have answered my questions, and 1 have only one more to 
ask, and will then dismiss you." He then put to him a question, to 
which the whole previous examination had been introductory, and 
which was so adroitly framed that he could not answer it in any 
way without contradicting some important statement previously 
made. The witness saw at once the trap into which he had fallen, 



Conduct of Causes. 



and was silent. He trembled, turned deadly pale, his knees shook, 
and he seemed ready to faint. Mr. Mason asked him if he had under- 
stood the question. Still no reply, and after a long pause, during 
which there was the silence of death through the court-house, Mr. 
Mason said, " You may step down, sir." It is needless to add that 
this scene not only destroyed the value of his testimony, but essen- 
tially damaged the appellant's case. The result of the trial was a 
verdict in favor of the will. 

The incident made an impression upon Mr. Clarke which tlic 
lapse of forty years has not effaced, and he has told me that in the 
whole course of his professional life he had seen no parallel to the 
skill and power disjilayed by Mr. Mason on this occasion. 

Some lawyers, especially if young and fond of popular applause, 
are apt to make the trial of a cause a sort of dramatic entertain- 
ment, for the benefit of the bystanders, and their own honor and 
glory. There is a temptation to do this because there is some re- 
semblance between the course of an e.xciting trial and that of a 
play, and incidents occur in courts of justice which recall the unex- 
pected turns and surprises of the stage. But in proportion as the 
advocate yields to this temptation does he endanger the cause of 
his client. Mr. Mason was never for a moment drawn aside from 
the straight path of professional duty by the force of this attraction. 
He had no other object in view than to gain a verdict. He took 
cognizance of none but the judge and the jury. The bystanders were 
no more to him tiian if they had been so many wooden images. He 
never asked a question or made a remark that was prom])ted by 
their presence. To the judgment they might form of his con- 
duct of a case his indifference was supreme. 

1 once asked an eminent member of the bar, still living, who in 
his early practice had had frequent professional relations with Mr. 
Mason, wherein he excelled the other distinguished lawyers he had 
known. He replied, that in addition to learning, general force of 
mind, and extraordinary power in cross examination, Mr. Mason 
surpassed all men he had ever consulted in the instinctive readiness 



387 



Chapter IX. 



388 



Chapter IX. 



Memoir of jferemiah Mason. 



witli which he would point out the rules and principles of law appli- 
cable to a given statement of facts. When a case was submitted 
to him, he would require the facts and circumstances to be fully com- 
municated, asking many questions to this end, and then, instantly, 
would indicate the path of inquiry in which the law governing the 
question was to be sought. My informant added that he had some- 
times been to him with a case on which he had. read and thought 
for three or four days without coming to any definite conclusion, 
and that Mr. Mason, in a few words would furnish the key he had 
been seeking, and as with a lightning flash disperse the darkness in 
which he had been groping. 

Though Mr. Mjison's time and powers were almost wholly given 
to the study and practice of the law, his mind had too much orig- 
inal force to be dwarfed or cramped thereby. There was nothing in 
him of professional pedantry or professional narrowness. He had 
read a good deal among the best writers in English literature, and 
had wasted no time upon worthless books. With the history, espe- 
cially the political history, of his own country, he was very familiar. 

Every mind has its own laws and conditions of growth. StMiie 
find appropriate food in the study of books, others' in the observa- 
tion of life and the study of men. Mr. Mason's was of the latter 
class. He preferred what Bacon calls discourse to studies. He 
had not his friend Chief Justice Parsons' omnivorous passion for 
books. In his leisure hours he preferred to talk with a friend to 
shutting himself up in his study to converse with an author. He 
was given to the asking of questions, as has before been said, and 
there is in one of Bacon's Essays a passage on this habit which fits 
Mr. Mason as much as if it had been written for him : " He that 
questioneth much shall learn much, and content much, but espec- 
ially if he apply his questions to the skill of the persons whom he 
asketh, for he shall give them occasion to please themselves in 
speaking, and himself shall continually gather knowledge." As I 
recall Mr. Mason, he seems to me the wisest man I have ever per- 
sonally known ; that is, whose judgment was the most sound, whose 



Political Opinions. 



sagacity was the most unerring, whose inferences from facts and 
events were the most correct. 

I hough Mr. Mason was by natural endowments admirably fitted 
for the law, I do not think he would have missed his vocation had 
he been trained to some other calling. Had he been a merchant or 
a manufacturer, there can be no doubt that he would have been 
successful and prosperous. What Livy says of the elder Cato, is 
exactly applicable him : " In hoc viro tanta vis animi ingeniique 
fuit, ut quocunque loco natus esset, fortunam ipse facturus fuisse 
videretur." 

It is hardly necessary to say that in politics Mr. Mason was a Fed- 
eralist of the straightest sect ; that is, he held all the faith and creed 
of the Federal party, without reserve or qualification. But beino- a 
wise man, and a man of calm temperament, he never went to ex- 
tremes, whether in opinion or conduct. During the war of 1812, 
his course was entirely patriotic. He never gave his hand to the 
violent expressions and unwise steps into which some good men of 
.the Federal party were hurried by the warmth of opposition. He 
would, for instance, assuredly have advised against the Hartford 
Convention, had he been consulted upon the subject. 

In all free countries there are two natural parties, — the party of 
progress and the party of stability ; and the history of every free 
country is a record of the struggle between these two parties. Mr. 
Mason belonged to the latter of these parties. By nature and by 
education alike he was a conservative. Any where, and under any 
conditions, he would have been such. In England he would have 
been a strong init nf)t a bigoted tory. By his natural instincts he 
was averse to innovation, and inclined to walk in the old ways. He 
had little confidence in popular judgments, whether upon political 
or general questions ; and, as will have been seen, was inclined to 
take rather desponding views on public affairs. He certainly did 
not believe that there was to be found in universal suffrage a solu- 
tion of all political problems and a cure for all political diseases. 
His political convictions were modified and colored by his profes- 



389 



Chapter IX 



390 



Chapter IX. 



Memoir of yeremiah Mason. 



sional experiences. His immense practice brought him into con- 
stant contact with the weak side of human nature, with its errors of 
judgment, its infirmities, its mistakes, its want of moral resohition ; 
and he could not believe that wisdom would be evolved from an 
aggregation of men, most of whom were not wise, or virtue from an 
aggregation of men many of whom were not good; Like all the 
able and excellent men who belonged to the old Federal party, his 
object was to strengthen the hands of the general government, to 
uphold the Sujjreme Court of the United States and the judiciary 
generally, to guard rights and property against popular violence, and 
to teach, directly and indirectly, a respect for law. And in common 
with the leaders of the Federal party, he could not foresee the unex- 
ampled material prosperity of the country, and the conservative in- 
fluence of such prosperity. 

Mr. Mason was, all his life, a man of decided religious convic- 
tions. Trained in the faith of the early fathers of New England, 
neither the growth of his mind nor his observation of humanity led 
him, in his mature years, to depart therefrom. His whole intel- 
lectual being rested upon a strong conviction of the supremacy of 
law, and that every violation of law involved a corresponding pen- 
alty ; and the leading articles of the creed in which he was reared, 
the fall of man, the divinity of Christ, and the atonement, being 
in harmony with his views of the attributes and providence of 
God and the nature of man, solved for him the moral problems of 
life. After his removal to Portsmouth he worshipped with his 
family in the Episcopal church of that town, preferring its liturgy 
and service to the Congregational form. In his prime of life, as 
happens with most men who are deeply engaged in secular affairs, 
he gave less thought than he afterwards did to religious subjects, or 
the contemplation of a world beyond the grave,' but with the length- 
ening shadows of his decline these great questions dwelt more in 
his mind, and he came to think, read, and speak of them habitually. 
After his removal to Boston, he became a member of St. Paul's 

' See the correspondence between him and Dr. Appleton in Chapter VI. 



Rc/i'zioits Chcwacter. 



Church, under the charge of the Rev. Dr. Stone, for whom he had 
a high regard, both as a pastor and a man.' The deep and abiding 
sorrow caused ijy the death of two amiable and promising sons, had 
also its natural effect in weaning his thoughts from earth, and turn- 
ing them toward the heaven to which these treasures of his heart 
had been removed. The last years of his life were marked by more 
frequent e.xpressions of religious feeling, and by a mixture of gravity 
and tenderness in his manner which was the result of meditation 
on the great themes of life, death, and immortality. 

In illustration of Mr. Mason's religious feeling, at the time when 
he was most actively engaged in the business of life, I quote an ex 
tract from a memoir of him, prepared by his friend Mr. Ebenezer 
Wheelwright, who for many years had peculiar opportunities for ob- 
serving his traits of mind and character, before his removal from 
Portsmouth. 

" In the year 1831, February 12, there was an annular eclipse of 
the sun ; and the agencies of science were in motion to make obser- 
vations and report its astronomical relations. The day was very 
beautiful, and no cloud was seen in the sky. As the eclipse ad- 
vanced the writer joined Mr. Mason, at the terminus of the beauti- 
ful street that led up to his mansion. It had been planted with a 
long row of sycamores, which had now attained their growth, and 
both in winter and summer were finely ornamental. The shadow 
was deepening every moment, until the whole surface of the sun, 
except the circular thread of light, was obscured, as we slowly 
walked along. Mr. .Mason remarked, as far as the writer's memory 
serves, as follows : — 

" ' A scene like this is always appalling : I wonder not that savage 
nations were terrified by such manifestations of the Deity. The 
intuitive idea of a God is thus magnified into a visible certainty, 
and though we know the laws of the solar system, yet we can- 
not escape from the conviction, that these are the workings of 

' Sec in the Appendix a letter from Dr. Stone upon Mr. Mason's religions character in declining 



life. 



391 



ClIAl'TKK IX. 



392 



Me7noir of yereiniah Mason. 



CllAl'lER IX. 



the Divine power. We lose sight of the law in the presence of the 
Lawgiver. The solemnity of the scene puts a limit to our curi- 
osity, and instead of conJucting the investigations of science, I 
would rather stand still and adore.' The conversation then turned 
to the supernatural darkness of the crucifixion, which men of in- 
fidel minds deemed incredible and absurd. It was evident that a 
deep religious awe pervaded his mind and that his faith in the Gos- 
jicl record was not staggered by the astounding narrative, for it was 
a fitting accompaniment of the awful deed, and a manifestation of 
God's displeasure which none of the multitude, who witnessed it, 
had ever denied." 

My task is now closed. In looking over what I have written I 
feel conscious that I have exposed myself to a criticism which I 
will answer by anticipation. It is now nearly a quarter of a cen- 
tury since Mr. Mason died. His contemporaries have all passed 
away, and of those who personally knew him, and thus are qualified 
to judge of the correctness of my sketch, the number is rapidly 
diminishing. He wrote no books, and so does not enjoy the fame 
that is won by successful authorship. He was never a judge, and 
thus his name is not preserved in his opinions, like those of Mar- 
shall and Shaw. Among the younger members of the profession of 
the law he is becoming merely a name and a tradition. I am aware 
that by some of these last it may be said that, after the usual 
manner of biographers, I have magnified the claims and merits 
of niy subject. They may ask for more definite and substantial 
proof of the greatness of Mr. Mason than any I have been able 
to present. To such objections I have only to say that my esti- 
mate of Mr. Mason has been carefully and advisedly formed. For 
many years I knew him well ; perhaps as well as a young man can 
know an old man who was never approached without great respect, 
almost reverence. I have known also many of the eminent lawyers 
and statesmen of New England, and have only to say that my early 
impression of Mr. Mason's powers has been confirmed by time, and 
strengthened by my observation of others. And furthermore, I 



Mr. Webster s Estimate of Him. 



speak confidently and from knowledge when I add that the high 
place I have assigned to him as a man and a lawyer would, were 
they alive, be emphatically and unhesitatingly confirmed by Judge 
Story, Mr. Webster, and Mr. Ticknor. 

So far as Mr. Webster is concerned, the above statement is not 
matter of inference merely. He thus records, twenty years before 
.NIr. Mason's death, in his Autobiography, his impressions of his 
friend's powers. 

" I lived in Portsmouth nine years, wanting one month. They 
were very happy years. Circumstances favored me at my first be- 
ginning there. Owing to several occurrences, there happened to 
be an unfilled place among leading counsel at that bar. I did not 
fill it, but I succeeded to it. It so happened, and so has happened, 
that, with the exception of instances in which I have been asso- 
ciated with the Attorney-General of the United States, for the time 
being, I have hardly ten times in my life acted as junior counsel. 
Once or 'twice with Mr. Mason, once or twice with Mr. Prescott, 
once with Mr. Hopkinson, are all the cases which occur to me. 

" Indeed, for the nine years I lived in Portsmouth, Mr. Mason 
and myself, in the counties where we both practiced, were on oppo- 
site sides, pretty much as a matter of course. He has been of infi- 
nite advantage to me not only by his unvarying friendship, but by 
the many good lessons he has taught, and the example he set me, in 
the commencement of my career. If there be in the country a 
stronger intellect; if there be a mind of more native resources; if 
there be a vision that sees quicker, or sees deeper into whatever is 
intricate, or whatsoever is profound, I must confess I have not 
known it. I have not written this paragraph without considering 
what it implies. I look to that individual who, if it belong to any- 
body, is entitled to be an exception.' But I deliberately let the 
judgment stand. That that individual has much more habit of reg- 
ular composition, that he has been disciplined and exercised in a 
vastly superior school, that he possesses even a faculty of illustra- 



' This was Chief Justice Marshall. 



5° 



393 



ClIAITER IX. 



394- 



Chapter IX. 



Memoir of yeremiah Mason. 



tion more various and more easy, I think may be admitted. That 
the original reach of his mind is greater, that its grasp is stronger, 
that its logic is closer, I do not allow." ^ 

That this high estimate was never changed, appears from the 
sketch of Mr. Mason's life and character contained in Mr. Web- 
ster's address to the Supreme Court of Massachusetts, on behalf of 
the bar of Suffolk, after his friend's death ; which will be found in 
the Appendix. 

The fame which Mr. Mason enjoys is not proportioned to the in- 
tellectual superiority accorded to him by his contemporaries. But 
this is no uncommon lot. Fame, like fortune, distributes her favors 
with a capricious hand. Unhappy is he \yho makes the pursuit of 
fame the object of his life, and feels that his life is a failure if he do 
not secure it! Mr. Mason's descendants must console themselves 
with the sentiment expressed in the beautiful language of Mil- 
ton : — 

" Fame is no plant that grows on mortal soil, • 

Nor in the glistering foil, 
Set off to the world, nor in broad rumor lies, 
]Jut lives .and spreads aloft by those pure eyes, 
And perfect witness of all-judging Jove, 
As he pronounces lastly on each deed. 
Of so much fame in Heaven expect thy meed." 

1 Curtis's Life of Webslcr, vol. i. p. 89. 



APPENDIX. 



PROCEEDINGS IN MASSACHUSETTS AND NEW HAMPSHIRE, 
ON THE DEATH OF THE HON. JEREMIAH MASON. 



MR. MASON'S DEATH. 

At a meeting of the Bar of the County of Suffolk, held October 17, 1848, in the 
Law Librar)', the Hon. Richard Fletcher was appointed Chairman, and Mr. George 
T. Curtis, Secretary. 

The Chairman having stated that the meeting had been called to take some notice 
of the decease of the Hon. Jeremiah Mason, — Mr. Choate rose, and spoke nearly 
as follows : — 

I have supposed, sir, as you have done, that it would be the desire of the Bar of 
Suffolk to mark the event which has led to the call of this meeting, by something 
more than the accustomed and formal expression of sensibility and regret for the loss 
of one of its number. 

Mr. Mason was so extraordinary a person ; his powers of mind were not only so 
vast, but so peculiar ; his character and influence were so weighty, as well as good ; 
he filled for so many years so conspicuous a place in the profession of the law, in 
public life, and in intercourse with those who gave immediate direction to public 
affairs, — that it appears most fit, if it were practicable, that we should attempt to 
record, somewhat permanently and completely, our appreciation of him, and to con- 
vey it to others, who knew him less perfectly and less recently than ourselves. It 
seems to me, that one of the very few greatest men whom this country has produced ; 
a statesman among the foremost in a Senate, of which King, and Giles, and Gore, 
in the fullness of their strength and fame, were members ; a jurist who would have 



Appkndix. 







98 



Appendix. 



Appendix. 



filled the seat of Marshall as Marshall filled it ; of whom it may be said, that, with- 
out ever holding judicial station, he was the author and finisher of the jurisprudence 
of a State ; one whose intellect, wisdom, and uprightness gave him a control over 
the opinions of all the circles in which he lived and acted, of which we shall scarcely 
see another example, and for which this generation and the country are the better 
to-day : — such seems to me to have been the man who has just gone down to a timely 
grave. I rejoice to know, that the eighty-first year of his life found his marvelous 
faculties wholly unimpaired. 

" No pale gr.idations quenched that ray." 

Down to the hour when the apojilectic shock, his first sickness, struck him, as 
it might seem, in a moment, from among the living, he was ever his great and 
former self. 

He is dead ; and although, here and there, a kindred mind — here and there, rarer 
still, a coeval mind — survives, he has left no one, beyond his immediate blood and 
race, who in the least degree resembles him. 

Under the influence of these opinions and wishes, the resolutions which I hold 
in my hand have been prepared, chiefly by others ; and I have been requested to 
offer them to the acceptance of the Bar. 

Mr. Choate then moved the following resolutions, which were unanimously 
adopted : — 

Resolved, That the members of this Bar have iieard with profound emotion of the 
decease of the Honorable Jeremiah Mason, one of the most eminent and distinguished 
of the great men who have ever adorned this profession ; and, as well in discharge of 
a public duty, as in obedience to the dictates of our own private feelings, we think it 
proper to mark this occasion by some attempt to record our estimate of his pre- 
eminent abilities and high character. 

Resolved, That the public character and services of Mr. Mason demand prominent 
commemoration ; that throughout his long Hfe, whether as a private person or in 
public place, he maintained a wide and various intercourse with public men, and 
cherished a constant and deep interest in public affairs, and by his vast practical 
wisdom and sagacity, the fruit of extraordinary intellectual endowments, matured 
thought, and profound observation, and by the soundness of his opinions and the 
comprehensiveness and elevated tone of his politics, he exerted at all times a great 
and most salutary influence upon the sentiments and policy of the community and 
the country ; and that, as a Senator in the Congress of the United States during a 
period of many years, and in a crisis of affairs which demanded the wisdom of the 
wisest, and the civil virtues of the best, he was distinguished among the most emi- 



Appendix. 



nent men of his country for ability in debate, for attention to all the duties of his 
great trust, for moderation, for prudence, for fidelity to the obligations of that party 
connection to which he was attached, for fidelity still more conspicuous and still more 
admirable to the higher obligations of a thoughtful and enlarged patriotism. 

ResotreJ, That it was the i)rivilege of Mr. Mason to come to the Bar, when the 
jurisprudence of New England was yet in its inf^incy ; that he brought to its cultiva- 
tion great general ability, and a practical sagacity, logical power, and patient re- 
search, — constituting altogether a legal genius, rarely if ever surpassed ; that it was 
greatly through his influence that the growing wants of a prosperous State were met 
and satisfied by a system of Common Law at once fie.\ible and certain, deduced by 
the highest human wisdom from the actual wants of the community, logically correct, 
and practically useful ; that in the fact that the State of New Hampshire now pos- 
sesses such a system of law, whose gladsome light has shone on other States, is seen 
both the product and the monument of his labors, less conspicuous, but not less real 
than if embodied in codes and institutes bearing his name; — yet that, bred as he 
was to the Common Law, his great powers, opened and liberalized by its study and 
practice, enabled him to grasp readily, and wield with entire ease, those systems of 
Equity, applicable to the transactions of the land or the sea, which in recent times, 
have so much meliorated and improved the administration of justice in our country. 

R<solveJ, That, as respects his practice as a Counsellor and Advocate at this 13ar, 
we would record our sense of his integrity, prudence, fidelity, depth of learning, 
knowledge of men and atTairs, and great powers of persuading kindred minds ; and 
we know well, that, when lie diid, tlifr.- w)< ixtinguished one of the few great 
lights of the old Common Law. 

Kesolved, That Mr. Webster be requested to present these resolutions to the Su- 
preme Judicial Court, at its next term in Boston; and the District Attorney of 
the United States be requested to present them to the Circuit Court of the United 
.States now in session. 

Resolvtii, That the Secretary communicate to the family of Mr. Mason a copy of 
•these resolutions, together with the respectful sympathy of the Bar. 



In the Supreme Judicial Court of Massachusetts, on Tuesday, November 14, 1848, 
the Court having been opened in form at nine o'clock, .\. .M., and prayer having been 
offered, Mr. Webster rose and said : — 

May it please your Honors : Jeremiah Mason, one of the Counsellors of this 
Court, departed this life on the 14th of October, at his residence in this city. The 
death of one of its members, so highly respected, so much admired and venerated, 
could not fail to produce a striking impressio:i upon the members of this Bar; and a 



399 



Ari'E.NDIX. 



400 



Appendix. 



Appendix. 



meeting was immediately called, at which a member of this Court, just on the eve 
of leaving the practice of his profession for a seat on the Bench, presided ; and reso- 
lutions expressive of the sense entertained by the Bar of the high character of the 
deceased, and of sincere condolence with those whom his loss touched more nearly, 
were moved by one of his distinguished brethren, and adopted with entire unanimity. 
My brethren have appointed me to the honorable duty of presenting these resolutions 
to this Court ; and it is in discharge of that. duty that I rise to address you, and pray 
that the resolutions which I hold in my hand may be read by the Clerk. 

The Clerk of the Court then read the resolutions, when Mr. Webster rose, and 
continued : — 

The proprieties of this occasion compel me, with whatever reluctance, to refrain 
from the indulgence of the personal feelings which arise in my heart upon the death 
of one, with whom I have cultivated a sincere, affectionate, and unbcoken friendship , 
from the day when I commenced my own professional career, to the closing hour of 
his life. I will not say, of the advantages which I have derived from his intercourse 
and conversation, all that Mr. Fox said of Edmund Burke ; but I am bound to say, 
that of my own professional discipline and attainments, whatever they may be, I owe 
much to that close attention to the discharge of my duties which I was compelled to 
pay, for nine successive years from day to day, by Mr. Mason's efforts and arguments 
at the same Bar. Fas est ab hoste doceri ; and I must have been unintelligent, in- 
deed, not to have learned something from the constant displays of that power which 
I had so much occasion to see and to feel. 

It is the more appropriate duty of the present moment to give some short notice 
of the life, character, and qualities of his mind and heart, so that he may be pre- 
sented as an example to those who are entering upon or pursuing the same career. 
Four or five years ago, Mr. Mason drew up a biography of himself, from the earliest 
period of his recollection to the time of his removal to Portsmouth, in 1797 ; which 
is interesting, not only for the information it gives of the mode in which the habits of 
his life were formed, but also for the manner of its composition. 

He was born on the 27th day of April, 1768, at Lebanon in Connecticut. His 
remotest ancestor in this country was Capt. John Mason (an officer who had served* 
with distinction in the Netherlands, under Sir Thomas Fairfax), who came from 
England in 1630, and settled at Dorchester in the colony of Massachusetts. His 
great grandfather lived at Haddam. His grandfather, born in 1705, lived at Nor- 
wich, and died in the year 1779. Mr. Mason" remembered him, and recollected his 
character, as that of a respectable and deeply religious man. His ancestor on the 
maternal side was James Fitch, a learned divine, who came from England and set- 
tled in Saybrook, but removed to Lebanon, where he died. A Latin epitaph, in the 
ancient burying-ground of that town, records his merits. One of his descendants 



Appendix. 



held a large tract of land in the parish of Goshen, in the town of Lebanon, by grant 
from the Indians ; one half of which, near a century afterwards, was bequeathed to 
his daughter, Elizabeth Fitch, the mother of Mr. Mason. To this property Mr. 
Mason's father removed soon after his marriage, and there he died in 1813. The 
title of this land was obtained from Uncas, an Indian sachem in that neighborhood, 
by the great grandfather of Mr. Mason's mother, and has never been alienated out 
of the family. It is now owned by Mr. Mason's nephew, Jeremiah Mason, the son 
of his eldest brother James. The family has been distinguished for longevity, the 
average ages of Mr. Mason's si.x immediate ancestors having exceeded eighty-three 
years each. Mr. Mason was the sixth of nine children, all of whom are now dead. 

Mr. Mason's father was a man of intelligence and activity, of considerable opu- 
lence, and highly esteemed by the community. At the commencement of the Rev- 
olutionary War, being a zealous Whig, he raised and commanded a company of 
minute-men, as they were called, and marched to the siege of Boston. Here he ren- 
dered important service, being stationed at Dorchester Heights, and engaged in for- 
tifying that position. In the autumn of that year, he was promoted to a colonelcy, 
and joined the army with his regiment, in the neighborhood of New York. At the 
end of the campaign, he returned home sick, but retained the command of his regi- 
ment, which he rallied and brought out with celerity and spirit when General Arnold 
assaulted and burned New London. He became attached to military life, and re- 
gretted that he had not at an early day entered the Continental service. Colonel 
Mason was a good man, affectionate to his family, kind and obliging to his neigh- 
bors, and faithful in the observance of all moral and religious duties. 

Mr. Mason's mother was distinguished for a good understanding, much discretion, 
the purity of her heart and atTections, and the exemplary kindness and benevolence 
of her life. It was her great anxiety to give all her children the best education, 
within the means of the family, which the state of the country would allow ; and she 
was particularly desirous that Jeremiah should be sent to college. "In my recollec- 
tion of my mother," says Mr. Mason, " she was the personification of love, kindness, 
and benevolence." 

Destined for an education and for professional life, Mr. Mason was sent to Yale 
College, at sixteen years of age ; his preparatory studies having been pursued under 
** Master Tisdale," who had then been forty years at the head of a school in Leba- 
non, which had become distinguished, and among the scholars of which were the 
Wheclocks, afterwards presidents of Dartmouth College. He was graduated in 1784, 
and performed a part in the Commencement exercises, which greatly raised the ex- 
pectation of his friends, and gratified and animated his love for distinction. "In 
the course of a long and active life," says he, "I recollect no occasion when I have 
experienced such elevation of feeling." This was the effect of that spirit of emula- 
tion which incited the whole course of his life of usefulness. There is now prevalent 
among us a morbid and sickly notion, that emulation, even as honorable rivalry, is a 



401 



Al'PENDIX. 



402 



Appendix. 



Appendix. 



debasing passion, and not to be encouraged. It supposes that the mind should be 
left without such excitement, in a dreamy and undisturbed state, flowing or not flow- 
ing, according to its own impulse, without such aids as are furnished by the rivalry of 
one with another. For one, I do not believe in this. I hold to the doctrine of the 
old school, as to this part of education. Quintilian says : " Sunt quidam, nisi 
institeris remissi : quidam iinperio indignantur ; quosdam continet metus, quosdam 
debilitat : alios continuatio e.xtundit, in aliis plus impetus facit. Mihi ille detur 
puer, quem laus e.^ccitet, quem gloria juvet, qui victus fleat ; hie erit alendus ambitu, 
hunc mordebit objurgatio, hunc honor e.xcitabit ; in hoc desidiam nunquam verebor." 
I think this is sound sense and just feeling. 

Mr. Mason was destined for the law, and commenced the study of that profession 
with Mr. Baldwin, — a gentleman who has lived to perform important public and 
private duties ; has served his country in Congress, and on the bench of the Supreme 
Court of Connecticut ; and still lives to hear the account of the peaceful death of 
his distinguished pupil. After a year, he went to Vermont, in whose recently estab- 
lished tribunals he expected to find a new sphere for the gratification of ambition and 
the employment of talents. He studied in the office of Stephen Rowe Bradley, 
afterwards a Senator in Congress ; and was admitted to the Bar, in Vermont and 
New Hampshire, in the year 1791. 

He began his career in Westmoreland, a few miles below Walpole, at the age of 
twenty-three ; but in 1794, three years afterwards, removed to Walpole, as being a 
larger village, where there was more society and more business. There was at that 
time on the Connecticut River a rather unusual number of gentlemen, distinguished 
for polite accomplishments and correct tastes in literature, and among them some 
well known to the public as respectable writers and authors. Among these were Mr. 
Benjamin West, Mr. Dennie, Mr. Royal Tyler, Mr. Jacobs, Mr. Samuel Hunt, Mr. 
J. W. Blake, Mr. Colmau (who established, and for a long time edited, the " New 
York Evening Post"), and Mr. Olcott. In the association with these gentlemen and 
those like them, Mr. Mason found an agreeable position, and cultivated tastes and 
habits of the highest character. 

About this period he made a journey to Virginia, on some business connected 
with land titles, where he had much intercourse with Major-Gen. Henry Lee ; and^ 
on his return, he saw President Washington, at Philadelphia, and was greatly struck 
by the urbanity and dignity of his manner. He heard Fisher Ames make his cele- 
brated speech upon the British treaty. All that the world has said with regard to 
the extraordinary effect produced by that speech, and its wonderful excellence, is 
fully confirmed by the opinion of Mr. Mason. He speaks of it as one of the highest 
exhibitions of popular oratory that he had ever witnessed ; popular, not in any low 
sense, but popular as being addressed to a popular body, and high in all the qualities 
of sound reasoning and enlightened eloquence. 

Being inclined to exercise his abilities in a' larger sphere, he removed from Walpole 



Appendix. 



40: 



to Portsmouth in 1797. He had at this time made the acquaintance of Aaron Burr 
and Alexander Hamilton. The former advised Mr. Mason to remove himself to 
New V'ork. His own preference was for Boston ; but he thought, that, filled as it 
then was by distinguished professional ability, it was too crowded to allow him a 
place. That was a mistake. On the contrary, the Bar of this city, with, the utmost 
liberality and generosity of feeling and sentiment, have al\va3's been ready to receive, 
with open arms, every honorable acquisition to the dignity and usefulness of the pro- 
fession which it follows. Mr. Mason, however, removed to Portsmouth in the autumn 
of 1797 ; and, as was to be expected, his practice soon became extensive. He was 
appointed Attorney-General in 1802. About that time, the late learned and lamented 
Chief Justice Smith retired from his professional duties, to take his place as a U'dge, 
and Mr. Mason became the acknowledged head of his profession. He resigned the 
office of Attorpey-General, three or four years afterwards, to the great regret of the 
Court, the Bar, and the country. As a prosecuting officer, he was courteous, inflex- 
ible, and just ; careful that the guilty should not escape, and that the honest should 
be protected. He was impartial, almost judicial, in the administration of his great 
office. He had no morbid eagerness for conviction ; and never permitted, as some- 
times occurs, an unworthy wrangling between the official power prosecuting, and the 
zeal of the other party defending. His official course produced exactly the ends it 
was designed to do. The honest felt safe ; but there was a trembling and fear in the 
evil disposed, that the transgressed law would be vindicated. 

Very much confined to his profession, he never sought office or political elevation. 
Vet he held decided opinions upon all political questions, and cultivated acquaint- 
ance with all the leading subjects of the day ; and no man was more keenly alive 
than he to whatever transpired at home or abroad, involving the great interests of the 
civilized world. 

His political principles, opinions, judgments, were framed upon those of the men 
of the times of Washington. From these, to the last, he never swerved. The copy 
was well executed. His conversation on subjects of state was as instructive and in- 
teresting as upon professional topics. He had the same reach of thought, and ex- 
hibited the snme comprehensive mind, and sagacity quick and far-seeing, with regard 
to political things and men, as he did in professional affairs. His inlluence was, 
therefore, hardly the less from the fact, that he was not actively engaged in political 
life. There was an additional weight given to his judgment, arising from his being 
a disinterested beholder only. The looker-on upon a contest can sometimes form a 
more independent and impartial opinion of its course and its results, than those 
who are actually engaged in it. 

But at length in June, 18 13, he was persuaded to accept the post of a Senator of 
the United States, and took his seat that month. He was in Congress during the 
sessions of 1813 and 1814. Those were very exciting times, party spirit ran very 
high, and each party put forward its most prominent and gifted men ; and both 



Appendix. 



404 



Appendix. 



Appendix. 



houses were filled by the greatest intellects of the country. Mr. Mason found liim- 
self by the side of Rufus King, Giles, Goldsborough, Gore, Barbour, Daggett, Hun- 
ter, and other distinguished public men. And among men of whatever party, and 
however much some of them differed from him in opinion or political principle, 
there was not one of them all but felt pleasure if he spoke, and respected his un- 
common ability and probity, and his fair and upright demeanor in his place and 
station. He took at once his appropriate position. Of his associates and admirers 
in the other house, there are some eminent persons now living who were occasional 
listeners to his speeches, and much struck with his ability ; together with Pickering, 
Benson, Pitkin, Stockton, Lowndes, Gaston, and Hopkinson, now all deceased, who 
used to flock to hear him, and always derived deep gratification and instruction from 
his talents, character, and power. 

He resigned in 1817. His published speeches are not numerous. The reports of 
that day were far less complete than now, and comparatively few debates were pre- 
served and revised. It was a remarkable truth, that he always thought far too 
lightly of himself and all his productions. I know that he was with difficulty per- 
suaded to prepare his speeches in Congress for publication ; and, in this memorial 
of himself which I have before me, he says, with every appearance and feeling of 
sincerity, that he " has never acted any important part in life, but has felt a deep 
interest in the conduct of others." 

His two main speeches were, first, one of great vigor, in the Senate, in February, 
1814, on the Embargo, just before that policy was abandoned. The other was later, 
in December, 1815, shortly before the peace, on Mr. Giles's Conscription Bill, in 
which he discussed the subject of the enlistment of minors ; and the clause author- 
izing such enlistment was struck out upon his motion. 

He was afterwards for several years a member of the New Hampshire Legislature, 
and assisted in revising the code of that State. He paid much attention to the sub- 
ject of the judicature, and performed his services fully to the satisfaction of the State ; 
and the result of his labors was warmly commended. Li 1824 he was again a can- 
didate for the Senate of the United States. The election was to be made by the 
concurrent vote of the two branches of the Legislature. In the popular branch he 
was chosen by a strong vote. The Senate, however, non-concurred ; by which means 
the election was lost — a loss to the country, not to him — by force of circumstances 
and agencies, not now or ever fit to be recalled or remembered. 

He continued to reside for many years in Portsmouth. His residence in that 
ancient town was a happy one. He was happy in his family and in the society of 
the town, surrounded by agreeable neighbors, respected by the Bar and the Court, 
and standing at the head of his profession. He had a great love of conversation. 
He took pleasure in hearing others talk, and gave an additional charm by the fresh- 
ness, agreeableness, and originality of his own observations. His warm hospitality 
left him never alone, and his usefulness was felt as much within the walls of the 



Appendix. 



homes, as of the tribunals, of Portsmouth. There are yet many in that town who 
love him and his ; many who remember, as children, the enthusiasm with which he 
was greeted by their fathers and mothers ; and all in New Hampshire, old ejiough 
to remember him, will feel what we feel here, on this occasion. 

Led at List partly by the desire of e.xerting his abilities in a larger sphere of use- 
fulness, and partly by the fact of the residence here of beloved domestic connections, 
he came to this city, and entered upon the performance»of his professional duties in 
1832. Of the manner in which he disch.arged those duties, this Court is the most 
competent judge. You, Mr. Chief Justice, and the venerable associate who usually 
occupies a place at your right, have been witnesses of the whole. You know the 
fidelity with which he observed his duty to the Court, as well as his duty to his clients. 
In learning, assiduity, respect for the Bench, uprightness and integrity, he stood as 
an e.xample to the Bar. You know the general probity and talent with which he per- 
formed for so many years the duty of a Counsellor of this Court. 

I should hardly trust myself to make any analysis of Mr. Mason's mind. 1 may 
be a parti.il judge. But I may speak of what I myself admire and venerate. The 
characteristics of Mr. Mason's mind, as I think, were real greatness, strength, and 
sagacity. He was great through strong sense and sound judgment, great by compre- 
hensive views of things, great by high and elevated purposes. Perhaps sometimes 
he was too cautious and refined, and his distinctions became too minute ; but his 
discrimination arose from a force of intellect, and quick-seeing far-reaching sagacity, 
everywhere discerning his object, and pursuing it steadily. Whether it was popular 
or professional, he grasped a point, and held it with a strong hand. He was sarcastic 
sometimes, but not frequently ; not frothy or petulant, but cool and vitriolic. Unfor- 
tunate for him on whom his sarcasm fell ! 

His conversation was as remarkable as his efforts at the Bar. It was original, 
fresh, and suggestive ; never dull or indifferent. He never talked when he had 
nothing to say. He was particularly agreeable, edifying, and instructive to all about 
him ; and this w.is the charm of the social intercourse in which he was connected. 

As a professional man, Mr. Mason's great ability lay in the department of the Com- 
mon Law. In this part of jurisprudence, he was profoundly learned. He had drunk 
copiously from its deepest springs ; and he had studied, with diligence and success, 
the departures from the English Common Law, which had taken place in this coun- 
trj', either necessarily, from difference of condition, or positively, by force of our own 
Statutes. In his addresses, both to courts and juries, he affected to despise all elo- 
quence, and certainly disdained all ornament ; but his efforts, whether addressed to 
one tribunal or the other, were marked by a degree of clearness, directness, and 
force, not easy to be equaled. There were no Courts of Equity, as a separate and 
distinct jurisdiction, in the State of New Hampshire during his residence in that 
State. Yet the Equity Treatises and Equity Reports were all in his library, not 
" wisely ranged for show," but for constant and daily consultation ; because he saw 



405 



AlM'ENDIX. 



4o6 



Appendix. 



Appendix. 



that the Common Law itself was growing every day more and more libera! ; that 
Equity principles were constantly forcing themselves into its administration, and 
within its rules ; that the subjects of litigation in the Courts were constantly becom- 
ing, more and more, such as escaped from the technicalities and the trammels of the 
Common Law, and offered themselves for discussion and decision on the broader 
principles of general jurisprudence."*" Mr. Mason, like other accomplished lawyers, 
and more than most, admired the searching scrutiny and the high morality of a Court 
of Equity; and felt the instruction and edification resulting from the perusal of the 
judgments of Lord Hardwicke, Lord Eldon, and Sir William Grant, as well as of 
those of great names in our own country, not now among the living. 
■ Among his early associates in New Hampshire, there were many distinguished 
men. Of those now dead were Mr. West, Mr. Gordon, Edward St. Loe Livermore, 
Peleg Sprague, William K. Atkinson, George Sullivan, Thomas W. Thompson, and 
Amos Kent ; the last of these having been always a particular personal friend. All 
of these gentlemen in their day held high and respectable stations, and were eminent 
as lawyers of probity and character. 

Another contemporary and friend of Mr. Mason was Mr. Timothy Bigelow, a law- 
yer of reputation, a man of probity and honor, attractive by his conversation, and 
highly agreeable in his social intercourse. Mr. Bigelow, we all know, was of this 
State, in which he filled high offices with great credit ; but, as a Counsellor and Ad- 
vocate, he was constant in his attendance on the New Hampshire courts. Having 
known Mr. Bigelow from my early youth, I have pleasure in recalling the mutual 
reo-ard and friendship which I know to have subsisted between him and the subject 
of these remarks. I ought not to omit Mr. Wilson and Mr. Betton, in mentioning 
Mr. Mason's contemporaries at the Bar. They were near his own age, and both well 
known as lawyers and public men. 

Mr. Mason, while yet in New Hampshire, found himself engaged in causes in 
which that illustrious man, Samuel De.\ter, also appeared. The late Mr. Justice 
Story was still more frequently at the Bar of that State ; and, at a period somewhat 
earlier, your great and distinguished predecessor. Chief Justice Parsons, occasionally 
presented himself before the Courts of Portsmouth or Exeter, and he is known to 
have entertained a very high regard, personal and professional, as well for Mr. Mason, 
as for the late Chief Justice Smith. 

Among those still living, with whom Mr. Mason was on terms of intimacy, and 
with whom he associated at the Bar, were Messrs. Plumer, Arthur Livermore, Samuel 
Bell, and Charles H. Atherton. If these respected men could be here to-day, every 
one of them would unite with us in any tribute of love and veneration to his 
memory. 

But, sir, political eminence and professional fame fade away, and die with all 
things earthly. Nothing of character is really permanent but virtue and personal 
worth. These remain. Whatever of excellence is wrought into the soul itself be- 



longs to both worlds. Rc.u goodness does not attach itself merely to this life, it 
points to another world. Political or professional reputation cannot last forever ; 
but a conscience void of offense before God and man is an inheritance for eternity. 
Religion, therefore, is a necessary and indispensable element in any great human 
character. There is no living without it. Religion is the tie that connects man with 
his Creator, and holds him to his throne! If. that tie be all sundered, all broken, he 
floats away, a worthless atom in the universe ; its proper attractions all gone, its 
destiny thwarted, and its whole future nothing but darkness, desolation, and death. 
A man with no sense of religious duty, is he whom the Scriptures describe — in such 
terse but terrific manner — as "living without God in the world." Such a man is 
out of his proper being, out of the circle of all his duties, out of the circle of all his 
happiness, and away, far, far away, from the purposes of his creation. 

A mind like Mr. Mason's — active, thoughtful, penetrating, sedate — could not 
but meditate deeply on the condition of man below, and feel its responsibilities. He 
could not look on this wondrous, frame, 

" This universal frame, thus wondrous fair," 

without feeling that it was created and upheld by an intelligence to which all other 
intelligences must be responsible. I am bound to say, that in the course of my life 
I never met with an individual, in any profession or condition of life, who always 
spoke, and always thought, with such awful reverence of the power and presence of 
God. No irreverence, no lightness, even no too familiar allusion to God and his at- 
tributes, ever escaped his lips. The very- notion of a Supreme Being was, with him, 
made up of awe and solemnity. It filled the whole of his great mind with the strong- 
est emotions. .\ man like him, with all his proper sentiments and sensibilities alive 
in him, must, in this state of existence, have something to believe and something to 
hope for ; or else, as life is advancing to its close, and parting, all is heart-sinking 
and oppression. Depend upon it, whatever m.iy be the mind of an old man, old age 
is only re.iUy happy, when, on feeling the enjoyments of this world pass away, it 
begins to lay a stronger hold on those of another. 

Mr. Mason's religious sentiments and feelings were the crowning glories of his 
character. One, with the strongest motives to love and venerate him, and the best 
means of knowledge, says : — 

" So far as my memory extends, he always showed a deep con^viction of the divine 
authorfty of the Holy Scriptures, of the institutions of Christianity, and of the impor- 
tance of personal religion. Soon after his residence in Boston, he entered the Com- 
mimion of the Church, and h.as continued since regularly to receive the Lord's 
Supper. From that time, he also habitually maintained domestic worship, morning 
.-(nd evening. The death of two of his sons produced a deep impression upon his 
mind, and directed it in an increased degree to religious subjects. 

' igh he was always reserved in the expression of religious feeling, still it has 



ArPF.NDIX. 



4o8 



Appendix. 



Appeitdix. 



been very apparent for several years, that his thoughts dwelt much upon his practical 
religious duties, and especially upon preparation for another world. Within three or 
four years, he frequently led the conversation to such subjects ; and during the year 
past, immediate preparation for his departure has been obviously the constant sub- 
ject of his attention. His expressions in regard to it were deeply humble ; and, 
indeed, the very humble manner in which he always spoke of himself was most 
marked. 

" I have observed of late years, an increasing tenderness in his feelings and man- 
ner, and a desire to impress his family with the conviction that he would not remain 
long with them. His allusions of this kind have been repeated, even when appar- 
ently in his usual health ; and they indicated the current of his thoughts. 

" He retained his consciousness till within a few hours of his death, and made 
distinct replies to every question put to him. He was fully aware that his end wms 
near ; and in answer to the question, ' Can you now rest with firm faith upon the 
merits of your divine Redeemer.''' he said, ' I trust I do : upon what else can I 
rest ? ' 

" At another time, in reply to a similar question, he said, ' OJ course, I have no 
other ground of hope.' We did not often speak to him during those last few days, 
but had no doubt that he was entirely conscious of his state, knew that his family 
were all near, and that his mind was free from anxiety. He could not speak with 
ease, and we were unwilling to cause him the pain of exertion. His whole life, 
marked by uniform greatness, wisdom, and integrity ; his deep humility, his profound 
reverence for the Divine Majesty, his habitual preparation for death, his humble trust 
in his Saviour, left nothing to be desired for the consolation of his family under this 
great loss. He was gradually prepared for his departure. His last years were passed 
in calm retirement ; and he died as he wished to die, — with his faculties unim- 
paired, without great pain, his family around his bed, the precious promises of 
the Gospel before his mind, without lingering disease, and yet not suddenly called 
away." 

Such, Mr. Chief Justice, was the life, and such the death, of Jeremiah Mason. 
For one I could pour out my heart like water, at the recollection of his virtues and his 
friendship, and in the feeling of his loss. I would embalm his memory in my best 
affections. His personal regard, so long continued to me, I esteem one of the great- 
est blessings of my life ; and I hope that it may be known hereafter, that, without 
intermission or coolness through many years, and until he descended to his grave, 
Mr. Mason and myself were friends. 

Mr. Mason died in old age ; not by a violent stroke from the hand of death, not 
by a sudden rupture of the ties of nature, but by a gradual wearing out of his con- 
stitution. He enjoyed through life, indeed, remarkable health. He took competent 
e.\ercise, loved the open air, and avoiding all extreme theories or practice controlled . 



Appeudi.x 



409 



his conduct and habits of life by the rules of prudence and moderation. His death 
was therefore not unhke that described by the Angel, admonishing Adam : — 

" I yield it just, said Adam, and submit. 
But is there yet no otlicr way, besides 
These painful passages, how we may come 
To death, and mix with our connatural dust.' 

'• There is, said Michael, if thou well ol)ser\e 

The rule of ' Not too much,' by temperance taught, 
In what thou eat'st and drink'st ; seeking from thence 
Due nourishment, not gluttonous delight ; 
Till many years over thy head return, 
So may'st thou live ; till, like ripe fruit, thou drop 
Into thy mother's lap ; or be with ease 
Gathered, not harshly plucked ; for death mature. 
This is old age." 



Appendix. 



After Mr. Webster had taken his scat, his Honor, Chief Justice Shaw, replied as 
foliovvs : — 



Gentlemen of the Bar, — A few weeks have elapsed since our hearts were first 
saddened by the announcement of the lamented event to which the resolutions now 
offered refer. But .such were the character, the life, and services of Mr. ^lason ; so 
large was the space filled by him in the estimation of the public ; so strong was his 
hold upon the veneration, respect, and affection of all those who had known him, 
and been associated with him in public, professional, and social life, that his decease 
was not an event to awaken merely strong temporary feeling of grief and sadness, and 
then pass aw.iy and be forgotten. It is an event filteil to produce a deep and abid- 
ing impression upon the memory of the community which he has long aid eflTtctually 
served, the chosen profession which he has honored and adorned, and upon the 
minds and hearts of the associates and friends whom he has instructed by his wis- 
dom, and endeared to him by his kindness. 

It is therefore with the highest satisfaction, and with feelings of respect and afitec- 
tion entirely in accordance with those of the Bar, in which I am confident that my 
a.ssociates, tiie other members of this Court, will cordially participate, that \ receive 
these resolutions ; and I shall cheerfully comply with the wish of the B.ir by order- 
ing them to be enrolled with the recorded proceedings of this Court, in order that 
they may stand as a permanent memorial to future limes, of the high sense enter- 
tained, as well by this Court as by the Bar, of the public character and services of 
Mr, Mason. 

52 



4IO 



Appendix. 



Appeiidix. 



His eminent and marked professional character entitle him to a hij;h rank in the 
estimation of those who are conversant with the administration of justice, and who 
duly appreciate the value and importance of enlightened jurisprudence, to tiie safety 
and peace of a free people. The prominent characteristics of his mind were strength, 
energy, and a far-reaching sagacity. To extraordinary powers of mind, and a keen 
natural sagacity, and power of discrimination, he brought the aid of copious learning, 
the fruits of patient and well-directed study. But with such eminent natural and ac- 
quired powers, Mr. Mason was not in the habit of giving hasty opinions, or of coming 
unprepared to the discussion of important questions. When cases of controverted 
rio-hts were presented to him, he was accustoined to examine them with the most 
patient and persevering investigation, and subject them to a rigid analysis, by which 
he was enabled to follow the intricacies of the most complicated cases, and to pre 
sent their true bearings and merits to a court or jury with admirable clearness and 
perspicuity. Mr. Mason seemed to regard the contested rights of his employers, 
drawn into litigation, as a sacred trust committed to his charge, which he was con- 
scientiously bound to protect by all lawful and honorable means ; and he regarded 
nothin"- done, by way of preparation, so long as anything remained undone which 
patient research could accomplish. 

In this respect, the character of Mr. Mason may be recommended as an example 
to all those young men who take upon themselves the responsibilities, and aspire to 
the honors, of the legal profession. 

It is true that every one cannot feel assured of the eminent natural gifts which 
characterized Mr. Mason's mind ; but all can imitate the patient study, the industri- 
ous investigation, the unshaken integrity, and conscientious fidelity which promi- 
nently marked the career of this eminent Jurist. 

The death of such a man though at an advanced age, and though a bereavement, 
in the order of a wise, kind Providence, to which we would submissively bow, is an 
event not to be chronicled and soon forgotten. His example and character remain: 
let us all look to it as an incentive to a more faithful performance of duty, to indus- 
try, to perseverance, and to all honorable effort. He has passed from our sight; but 
his public life and character belong to his age and to posterity. It is therefore the 
part of wisdom, as well as a most grateful duty, to cherish his memory, to dwell on 
the excellences of his character, and to deepen and perpetuate the influence of an 
eminent lawyer, and of a great and good man. 



In the Circuit Court of the United States, on Tuesday, October 17, Robert Ran- 
toul, Jun., Esq., the United States Attorney for the Massachusetts District, presented 
the Resolutions adopted by the Bar practicing in that Court, and introduced them 
bv the following remarks : — 



Appendix. 



May it please your Honors, — The duty devolves upon me of announcing to this 
Court the decease of one of its oldest and ablest counsellors. The Hon. Jeremiah 
Mason, whose death occurred on Saturday last, has gone down to the grave, full of 
honors, antl after a long life of arduous professional duty. That a man who has 
filled so large a space in the estimation of his fellow-citizens should receive from his 
associates in our profession the due meed of respect, I have been requested by the 
members of the Bar of the Court for the First Circuit to submit the Resolutions which 
I holil in my hand, which, with the leave of the Court, I will read, and move that 
they be entered on the records ; after which. I shall move that this Court do adjourn. 

Judge Woodbury responded to Mr. Rantoul's address as follows: — 

Gentlemen of the Bar, — This Court has received your Resolutions on the 
lamented death of Mr. Mason with the sensibility due to his great worth. His 
standing as a lawyer so very high, and his powers as an advocate so remarkable, 
■vere known widely ; but none could fully appreciate the extent of his reading, his 
accuracy in details, the acuteness as well as vigor of his intellect, and his unsparing 
logic, without something ol that long intimacy with him in the practice of his profes- 
sion which I formerly had the happiness to enjoy. 

Well may the members of that profession respect his memory, when it is but a just 

ribute to his rare talents to say that, in my opinion, in a profound knowledge of 

several branches of jurisprudence, and in some of the most choice qualities of a 

forensic speaker, he had in his palmy d.nys, not merely in this State or New Enaglnd, 

but in this whole country, few equals, and probably no superior. 

V'our Resolutions, gentlemen, shall be recorded ; and this Court, out of regard to 
the distinguished merit of Mr. Mason and his long practice before it in this Circuit, 
will now adjourn. 



NEW HAMPSHIRE. 

At a meeting of the Rockingham Bar, holden in the Court House at Portsmouth, 
October 19, John Porter, Esq., the President, having taken the Chair, the members 
present were addressed by Charles W. Cutter, Esq., who, in a few brief and in- 
teresting remarks, alluded to the great number of eminent lawyers that had in times 
past made the Rockingham Bar distinguished throughout the country, and referred 
to the recent decease in Boston of the Hon. Jeremiah Mason, so long the most emi- 
nent practitioner at this Bar, and probably at the time of his decease the greatest 
master of the Common Law on this continent. 



411 



Appendix. 



412 



Appendix. 



Appendix. 



Mr. Cutter concluded by offering the following Resolutions, wliich, on motion 
of J. W. Emery, Esq., seconded by D. M. Christie, Esq., were unanimously 
adopted : — 

Resolved, That the recent sudden decease of the Hon. Jeremiah Mason, formerly 
and for nearly forty years a member of this Bar, of which he was its distinguished 
leader, pride, and ornament, demands some appropriate notice. 

Resolved, That the high respect and admiration universally entertained for Mr.. 
Mason by his professional brethren, arose not only from his great intellectual superi- 
ority, his profound knowledge of the principles of the Common Law, and hi,s unriv- 
aled skill and sagacity as an advocate and jurist, but also from the most implicit 
and unhesitating reliance upon his high principles, his sense of honor, and his 
elevated standard of personal and professional obligations. 

Resolved, That we deeply sympathize with the members of Mr. Mason's family in 
the sudden and irreparable loss which they have sustained. 

Resolved, That the Hon. John Porter be requested to present these resolutions to 
the Hon. Court now in session ; that Hon. Ichabod Bartlett be requested to present 
the same to the Superior Court at its ne.\t session in this judicial district, and also 
to communicate the same to Mrs. Mason, with an expression of the most respectful 
and affectionate sympatliy of the members of this body. 



At the opening of the Court of Common Pleas in Portsmouth, on the 21st of Oc- 
tober, the Hon. John Porter rose, and addressed the Court as follows : — 

May it please your Honors, — The Bar of this county, having received tidings of 
the recent death of the Hon. Jeremiah Mason at Boston, have made it my duty to 
announce that melancholy event to the Court. 

The demise of such a man as Mr. Mason cannot fail to excite the deepest feelings 
of mournful regret in the minds of those so long and so agreeably associated with 
him in professional life, as this Bar has heretofore been. 

It is true, that Mr. Mason, for a number of years prior to his decease, resided in 
a neighboring State, and had discontinued the practice of his profession among us ; 
but the largest and best portion of his valuable life was spent in this State and here 
in this immediate neighborhood, where this Court is now in session. It was here, at 
this Bar, that his young mind gave promise of that commanding eminence of charac- 
ter, to which he afterwards attained ; and it was here that he exhibited the full 
measure of his intellectual powers and endowments in meridian life. It was here 
that he built up for himself a reputation for learning, for integrity, and for consum- 



Appendix. 



mate skill and address in the management of causes, that few, very few, if any, may 
hope to excel. Under such circumstances, the members of this Bar cannot but sen- 
sibly feel his loss, and desire to offer some tribute of respect to his memor)'. 

Mr. Mason was not only great in his profession, but he had much and varied 
learning of a more general and diffusive character. The circle of his reading was 
extensive, and his memory was capacious and retentive. Hence he became pos- 
sessed of an amjjle store of general information entitling him to a high rank as a 
sound and thorough scholar. 

At times he held important official stations, both in the State and general govern- 
ment, the duties of which he discharged with singular fidelity and ability. And 
when in private life, such was the general confidence in the extent and accuracy of 
his information, and the soundness of his judgments, relative to passing events, that 
his ailvice and opinions exerted a decided influence, in guiding and controlling the 
opinions and conduct of others. 

He was a very instructive and entertaining companion. He knew how to be 
amusing and playful, as well as serious and grave. His conversation was full of 
anecdote and remark, drawn from his extensive observation and reading, both in 
regard to men and affairs. 

He had a fast hold upon the confidence of the people immediately surrounding 
him, as neighbors and acquaintance ; and he was, especially, strong and secure in 
the affections and esteem of those who enjoyed his more intimate friendship ; and 
his memory, by all such, will be ever cherished and respected. 

Sundry Resolutions have been adopted, at a meeting of this Bar, in reference to 
the death of Mr. Mason, expressive of their high estimation of his character, and 
their deep feelings of sorrow for his loss. These resolutions, it now only remains 
for me, in behalf of the Bar, to present to the Court. 

The Resolutions were then read. 

The Hon. Samuel D. Bell, the presiding Justice, said : — 

The Court sensibly feel the great loss sustained by the profession and the com- 
munity, by the death of the Hon. Mr. Mason. 

They entirely concur in the sentiments expressed in the resolutions of the gentle- 
men of the Bar of this county, now communicated to them. 

They unite in the wish to place upon the records of the Court some proper testi- 
monial of the high esteem and respect entertained by them in common with the 
whole cc^imunity, for the deceased, as a man and a scholar, as a distinguished legis- 
lator, ana as a lawyer whose eminent learning and almost unrivaled ability have 
conferred distinction upon the Bar of the State. 

It is therefore ordered, that the Resolutions of the Bar be entered upon the rec- 
ords of the Court. 



413 



Appendix. 



414 



Appendix. 



Appendix. 



At a meeting of the members of the Merrimack County Bar, held at the Court 
Room in Concord, New Hampshire, the 21st day of October, —on motion of Ira 
Perley, Esq., Gen. Franklin Pierce was chosen Chairman, and John H. George 
Secretary. 

Mr. Perley announced the recent death of the Hon. Jeremiah Mason, of Boston, 
and stated the object of the meeting to be an expression of its appreciation of the 
distinguished character of the deceased, of his eminent abilities and vast acquire- 
ments, and of the great and salutary influence he exerted during the long period of 
his practice in this State. 

Voted, That Hon. Moses Norris, Ira Perley, Esq., and Gen. Charles H. Peaslee be 
a Committee to draft and report Resolutions expressive of the sense of the Bar upon 
this occasion. 

Mr. Norris, from the above Committee, reported the following Resolutions : — 

Resolved. That the long connection of the Hon. Jeremiah Mason with the Bar of 
this State, his salutary and controlling influence as its most distinguished member, 
his vast learning and preeminent abilities, forbid that we should allow the occasion 
of our present session to pass without some tribute to his memory. 

Resolved, That the announcement of his death has been received by this Bar with 
profound sensibility ; and that the profession in the State in which he passed the 
dawn and meridian of his professional life, will, in their convictions of the great loss 
which New England has sustained, respond fully to the sentiments and opinions of 
their brethren in that State where his sun went down. 

Voted, That these Resolutions be adopted ; and that the Chairman present the 
same to the Court, with the request that they be entered upon the records. 

The Chairman presented the Resolutions to the Court with appropriate remarks 
upon the striking characteristics of Mr. Mason, which, in his opinion, rendered him 
perhaps the most remarkable man, and the most learned jurist the country has ever 
produced. 

The Court, having appropriately responded to the feelings and sentiments ex- 
pressed by the Bar, ordered the Resolutions to be entered upon the records. 



Apj)Lndix. 



B.- 

TklBUTES TO MR. MASON BY MR. CHOATE AND MR. HOAR. 



KXTR.VCT FROM MISS M.\SON'S DIAKV. 

" Sun lay, Oct. 29, 1848. — Mr. Choate was here this evening, talking all the time 

if father. \\'hat reverence and admiration were felt for that man with whom I 
have been living all my life, and how little I have improved such an advantage ! He 

vas so modest and unostentatious that, although I always felt he was wiser than most 
men, I do not think I was aware of the great estimation in which he was held, and 

•f late years his tenderness has been so overflowing towards his family that 1 have 
lived uf)on his love and affection, and forgotten his greatness. 

" Monilay, Feb. i, 1849. — We have had great pleasure in a visit from Mr. Hoar 
this evening. Mr. H. w.as a friend of my dear father's, and spoke of him with a 
reverence and admiration which went to our hearts, coming from such an earnest 

ind honest spirit. He said that his visits to father had been a source of the truest 
intellectual enjoyment and improvement, that Judge Marshall considered him the 
greatest m.ister of the common law in the country, and that this was the universal 
opinion among lawyers." 



c. 

REMINISCENCES OE MR. MASON BY ER.XN'CIS I5ASSETT, ESQ. 



415 



AlTKNDI.X. 



From an article which appeared in the "New England Historical and Genealogical Register" fur 

Oclober, 1S71. [ 

1 
In the year i8.?o, the year before I was appointed Clerk of the U. S. Circuit and 

1 )istrict Courts, I made an assignment for one of my clients in Boston, of a considera- 
ble amount of property in real estate, and a factory in Charlestown, on Connecticut 
River, in New Hampshire, out of which assignment grew a lawsuit of importance, 
which was the last that I was ever engaged in as counsel, and in which my client was 
successful. I mention this fact, because it is connected wiih my fiist acquaintance 



4i6 



Appendix. 



Appendix. 



with Jeremiah Mason, whom I employed to act with me as senior counsel. In walk- 
ing home in the early part of the evening with Mr. ^V'ebster. from a dinner party in 
Boston, I stated to him that I was about to have a pretty important lawsuit to man- 
age in New Hampshire, and I had concluded to engage Mr. Mason to act with me 
as senior counsel. He instantly answered, " I am glad to hear it ; and I will give 
you a letter to him, who is one of the cleverest fellows you ever met. You will like 
him." And he paid me the compliment of saying, "he will like you." He then, in 
his graphic way, described to me his particular friend, Mr. Mason. He said he had 
spent some years in the vigor of manhood in Portsmouth, N. H., where he had Mr. 
Mason as his opponent in most of the important cases which he argued in that 
State. He said that since he left Portsmouth and removed to Boston, he had been 
engaged in cases at Washington, where he had for his antagonists, he believed, most 
of the ablest counsel in the United States, and that he did not know how much 
allowance he ought to make for early associations, but he could say, that there was 
no lawyer in the United States that he should fear so much to come in contact with 
as opposing counsel, as Mr. Mason. This anecdote shows the high opinion Web- 
ster had of Mason's ability as a lawyer, and their long continued friendship shows 
the esteem and veneration in which he held him as a man. 

The commencement of my acquaintance with Jeremiah Mason I have already 
stated. It continued with intimacy from the time he removed from Portsmouth to 
Boston, until his death. W'e used frequently to have conversation upon important sub- 
jects, and his acute and capacious mind enabled him to be interesting and instruc- 
tive. He once remarked that he considered Franklin and Hamilton, though quite 
different, the two greatest minds of this nation, but he was unable to decide which in 
his opinion was the greatest. He said that Hamilton, in his reports as Secretary of 
the Treasury, had presented all the arguments that could be urged in favor of the 
constitutionality and e.xpediency of a national bank and tariff, and but little had 
been added, in all the subsequent discussions, upon these subjects. 

He once remarke I to me that Chancellor Kent and Judge Story were the only 
members of the legal profession in this country, thoroughly learned in equity juris- 
prudence. 

The following anecdote of Mr. Mason, furnished also by Mr. Bassett, has not be- 
fore appeared in print:- — • 

Mr. Mason told me that once during Jefferson's administration he had occasion 
to go to Virginia upon business, and he took a letter of introduction from Pier- 
pont Edwards, who was an acquaintance of Jefferson and of some distinction as 
one of his political associates. When he visited Monticello he met the President 
standing at the door waiting for his horse to be brought for him to take his accus- 
tomed ride. He handed him his letter, and after Jefferson had read it, he received 
him very cordially and requested him to walk into the parlor and be seated, where 



he stayed about an hour and had a ver)^ interesting conversation with the President. 
The purchase of Louisiana was the important subject which excited the attention of 
the two great political parties of the nation at that time. Mr. Jefferson soon began 
to express his views upon the question of annexation and how the interests of the 
nation would be promoted by effecting it. M.ison was a rigid Federalist- and opposed 
to the administration and to the measure about to be adopted. After hearing the 
reasons stated by Jefferson in favor of purchasing and making Louisiana' a part of 
the United States, slated in his ingenious and c:iptivating manner, he confessed that 
his zeal in opposition was quite moderated. This elaborate and eloquent disclosure 
of his views, Mason attributed to the f.ict that Jefferson had been informed by Ed- 
wards that he was a lawyer of some reputation in New Hampshire, and that by his 
stating the reasons urged by the President in favor of the purchase, it would be 
likely to have a f.ivorable effect in the New England St.ites, where he had to en- 
counter the greatest opposition This interview. Mason said, afforded him evidence 
of the ability of Jefferson to meet opposition by his extensive knowledge and persua- 
sive eloquence, which he considered the principal cause of his success as a political 
ruler. 



Appendi.x. 



D. 

AXKCDOTE OF MR. MASON WHEN TRAVELLING ON 
SUNDAY IN CONNECTICUT. 



COMMUNICATED HY IlIS n.XLClHTEK, MRS. ELLISON. 

" I WAS returning home from college one vacation, and having been overtaken by 
.1 severe rain storm, Saturday evening, stopped at a tavern some dozen miles from 
my home, and Sunday morning, it being tine weather, I mounted my horse, which 
was a powerful one, lent or given me by my grandfather, and jogged on through a 
sandy road with pine forests on each side. I had just passed a small meeting-house, 
and it w.is near meeting time, when I wSs accosted by a quiet-looking little man on 
.1 sm.dl nag, who said, ' Are you travelling on the Lord's day ? ' I told him my 
reason and that I was only on my \\.\y to my home, having been prevented by the 
storm the previous evening. He told me he was a justice of the peace, and that 
his duty was to stop me and sec that I went to meeting all day, and after sunset I 



Appendix. 



might proceed on my journey. After some discussion, in which I told him I could 
not and would not stay, he still said his duty was to stop me. ' How will you do it ? ' 
At this he drew his horse across the road and left no room for me to pass. With 
that 1 wheeled my horse about and rode back some paces and then faced him. He 
said, ' What do you mean to do? ' 'To come on,' meaning to take a flying leap. 
With this view of the case, my friend asked for a parley, and after some more dis- 
cussion finding me still decided, he ended by saying, ' If you can promise me to go 
to meeting this afternoon, and can also solemnly say you think it is your duty to go 
on, I will allow you to pass.' Telling him I never doubted for a moment it was a 
duty, I proceeded on my journey." 



DEDICATION TO MR. MASON BY JUDGE STORY OF HIS 
COMMENTARY ON EQUITY PLEADING. 



TO THE HONORABLE JEREMIAH MASON, LL. D. 

Sir, — I esteem it a great privilege to have the opportunity of dedicating this work 
to you. Few circumstances in my life could be more grateful, than those which 
enable me to inscribe on the pages, which contain my own juridical labors, the 
memorials of my private friendships, as well as the avowals of my reverence for the 
great, the good, and the wise. Your own enviable distinction, so long held in the first 
rank of the profession, and supported by an ability and depth and variety of learning, 
which have had few equals, and to which no one can bear a more prompt and willing 
testimony than myself, would alone entitle you to a far higher tribute, than any I can 
bestow. I well know that I speak but the common voice of the profession on this 
subject ; for they have well understood the vigor and the weight of that lucid argu- 
mentation, which has spoken in language for the cause, and not merely for its orna- 
ment: Neque id ipsum, tarn leporis causd, quani ponderis. But I confess myself 
more anxious to be allowed to consider this dedication, as a tribute to your exalted 
private worth, spotless integrity, and inflexible public principles, as well as a free 
expression of my own gratitude for your uniform friendship ; .... a friendship 
which commenced with my first entrance among the bar, in which you were then the 
acknowledged leader (a period, when the value of such unexpected kindness could 
not but be deeply felt, and fully appreciated), and which has continued, undiminished, 



Appendix. 



419 



up to the present hour. Such reminiscences are to me more precious than any earthly 
honors. They fade not with the breath of popular applause ; and they cheer those 
hours, which, as age approaches, are naturally devoted to reflections upon the past, 
for instruction, as well as for consolation. 

I am, with the highest respect, your obliged friend, 

Joseph Storv. 

Ca.viIirii><;f:, January i, 1S3S. 



V. 



LETTHRS TO MEMBERS OF MR MASON'S FAMILY AFTER 

HIS DEATH. 



GKORGE TICKNOR TO MRS. M.ASON. 

Manchester, October zo, 1S48. 

Mv PKAR Mrs. Mason, — Mrs. Ticknor goes to Boston to-morrow, in the hope of 
seeing you, and offering you our very sincere sympathy in your sorrow and in that of 
your house. She will do it more tenderly than I could ; but still I must ask to say 
a few words for myself. I have known Mr. Mason, during nearly the half of his 
long life, and during the whole of the active period of my own ; but in all that time 
I have known no man, however distinguished, who felt himself too wise to seek his 
counsel, or too experienced in the ways of the world to profit by his e.xperience. He 
was trusted, I think, by the greatest and best among us, more than any other man 
in New England ; and he deserved the confidence he enjoyed, by his extraordinary 
and peculiar intellectual power ; by his admirable wisdom ; and by his severe and 
faithful integrity. All men knew they could depend upon him. But who knew it, 
like those who depended upon his affections? My dear Mrs. Mason, I have little 
right to' allude even to your loss. But you will I know allow me to express my sym- 
pathy in it, and my grief at what I have lost myself; grateful that I have known 
such a man so long, and that God has taken him from us so gently, so kindly. 

With affectionate regards to all your family, believe me, dear Mrs. Mason, very 
faithfully your friend, George Ticknor. 

Mks. J. Mason, Trcmont .Street. 



Appendix. 



420 



Appendix. 



Appendix. 



PROFESSOR A. S. PACKARD TO MRS. MASON. 

Brunswick^ November 3, 1S48. 

My DE.-iR Mrs. Mason, — . ... It seems but a few days since I saw you all in 
usual health and happiness. Mr. Mason was cheerful and cordial the morning I saw 
him last. I thought he appeared more oppressed by bodily infirmity when I saw him 
in the spring, and for the first time I then thought of him as an old man ; but I saw 
nothing then or in September, which led me to imagine that I might not often meet 
him again. It is surely a consolation to the family, that he was spared, what he 
seemed to dread, wasting and painful disease, and all the discomforts of an imbecile 
and helpless old age ; that he enjoyed almost to the very last, full possession of his 
remarkable powers, and when summoned was permitted to sink quietly to rest, free 
from pain or distress. I have been much interested in the testimonials which have 
been bestowed so cordially and so justly to his preeminent merits both in public and 
private life. Such distinguished notices, while they may aggravate the sense of 
bereavement, yet must be highly gratifying to you all. As for myself, I have always 
found it difficult to express my own impressions of his great intellectual resources, 
and have ever esteemed it among the highest and most distinguished privileges of 
my life, that I have been permitted to listen to his conversation and enjoy its quick- 
ening influence on my own mind 

CHARLES SUMNER TO MRS. MASON. 

CoUKT Si'REKT, A'ovember 14, 1848. 

My dear Mrs. Mason, — I have just returned from listening to -Mr. Webster's 
touching tribute to your late husband. As his words sank into my soul, I felt anew 
the'irreparable loss we have all sustained, — his fomily, his friends, and his country. 
I was absent from home, when I heard of his death, and it was a source of deep 
regret, mingling with my deeper grief for his departure, that I could not join in the 
last tribute of religion and affection to his remains. 

I have longed to assure you of my sympathy. I have sat often in pleasant con- 
verse with him at your fireside, and think of those hours with gratitude and delight. 
They rise to my memory now, filling the period which has passed from my youth 
upwards, among those happy recollections which I shall bear with me to my grave. 
Let me, then, tell you how sincerely I mourn with you, how much I rejoice also, in 
the satisfaction of a well-spent life, and in his present peace. To die so full of years, 
and after so much honorable service, may well fill us at once with emotions of grief 
and thanksgiving. Of grief for what we lose, but of thanksgiving for all that we have 
had. 



I trust soon to have the pleasure of calling upon you and sitting again at the same 
fireside, where I have so often listened to him, whose face I shall see no more on 
earth. 

Believe me, my dear Mrs. Mason, 

Affectionately yours, Ch.\rles Sumner. 



APPENDI.X. 



W. PLU.MER, JR., TO MRS. MASON. 

Epping, March 20, 1849. 

De.\r Madam, — .... Mr. Mason was one of the few very great men with whom 
it has been my good fortune to be acquainted. For, though for the last thirty years, I 
h.ive had more or less intercourse with many called great, I have not been in the habit 
of putting more than a very few of them into the first rank of greatness. Mr. Mason 
was, in many respects, entitled to take his stand in the first rank. If he had earlier 
removed to Boston, and extended his practice to the Supreme Court at Washington, 
he would have built up for himself a national reputation as indisputably the first 
lawyer of the Union. As it is, his reputation is scarcely less extensive. My father's' 
object in offering him, many years since, a seat on the Bench, was, that he might 
thus be enabled to do the State the inestimable service of laying broad and deep 
the foundations of her jurisprudence, in a series of decisions, which would, at the 
same time, have done lasting honor to their author. It was a source of much regret 
to him, that circumstances deemed by him imperious, prevented his accepting that 
appointment. When I revert to the many acts of kindness and attention which I 
have .experienced from Mr. Mason and his f;\mily, for more than thirty years past, I 
feel how great is their loss and how much I am their debtor. Now that he is gone, 
I feel more sensibly than ever, regret for the opportunities I have neglected, of more 
frequent and profitable intercourse with so remarkable a man ; and especially that I 
have not recorded some of the many things worthy of note, with which he favored 

me in my ditlerent interviews with him 

Vour obliged and ulirilimt scrvaiil, W. L'lu.mek, Jr. 



EDWARD EVERETT TO .MRS. MASON. 

Cambridge, March 24, 1S49. 
Dear ^[ADAM, — I had the honor to receive a day or two ago, a copy of the 
proceedings in Massachusetts and New Hampshire, on occasion of the decease of 
your late honored and lamented husband. I am greatly indebted to you for doing 
me the favor of sending me this interesting and valuable pamphlet. The tributes 
which it contains to the memory of Mr. Mason, by some of those most competent to 

' Mr. Phimcr's father was Governor of New Hampshire. 



Appendix. 



pronounce his eulogy, appear to me in no degree extravagant. They utter what all 
who knew him felt, though few could express it so well. My acquaintance with Mr. 
Mason, never I am grieved to say an intimate one, commenced at an early period of 
my life ; as long ago as 1814. He showed to me, an unktiown youth on a hasty 
visit to Washington, the most marked and flattering attentions, which awakened in 
me a feeling of personal regard — independent of the respect, which every one felt 
for his talents and dignified character and manner. From that time forward, though 
not frequently enjoying the privilege of his personal intercourse, I never met him 
without receiving from him some word of kindness, which kept fresh and strong the 
feeling of attachment which I had formed for him from the commencement of our 
acquaintance. On one occasion he used an expression of commendation of a pub- 
lic performance of mine which he had heard, so different from the common language 
of compliment, that it sunk into my heart. 

It would be presumptuous in me, dear madam, to intrude further upon you. I 
have wished only to add the offering of my individual feelings, to the general senti- 
ment of the community, which has reached you from every quarter, and which forms 
one of the chief sources of consolation, by which the loss of the great and good is 
made up to bereaved survivors. 

That you, dear madam, and your family may have the enjoyment of higher sources 
of consolation, than any which human sympathy or praise can furnish, is the respect- 
ful wish of Your faithful, obedient servant, 

Edward Everett. 

WILLIAM R. LAWRENCE TO R. M. MASON. 

Boston, /1/(7j' 27, 1S71. 

Dear Robert, — You asked me some weeks since to furnish some reminiscences 
of your honored father. It is more than twenty years smce he died, so that many 
things which he said have faded from my memory, and it is a subject of regret that I 
did not make a record at the time, of what might now be regarded with interest. 
My recollection of him goes far back, when you and I were pupils at the Lyceum in 
Gardiner, Maine, in the year 1827. Three days were required to get to Gardiner by 
the old Eastern line of coaches, and the first night I usually passed at your father's 
house in Portsmouth. I there saw him for the first time, and though somewhat 
awed by his presence, soon was m.ade to feel at ease by his kindly nature and friend- 
liness of manner. I became much more acquainted with him in 1832, after he had 
taken np his permanent residence in Boston. He lived only four doors from us on 
Tremont Street, as you well remember, and the various members of our families 
were on terms of the greatest intimacy, visiting each other often several times a day. 
You know that my father ' was very strenuous in his efforts to induce your father to 

' The late Amos Lawrence. 



Appendix. 



remove from Portsmouth to Boston, and it was mainly tiirough his efforts that the 
fact was accomplished. I have reason to believe that the step taken was never 
regretted, but was the means of adding much to the happiness of all concerned. I 
was abroad at school at the time of the removal, and the prospect of such an event 
was a constant theme of my father's letters. 

On March 21st, 1832, he writes: " In about a week or ten days, we shall have 
two of the cousins from Portsmouth to see to putting their house in order, for the 
family to remove, and in about three weeks I hope they will be quietly settled down 
by our side in their own house. I contemplate their residence here with great sat- 
isfaction. It will be a source of never failing profit to you to talk to your uncle and 
to hear him talk."' 

On March 28th, he writes : " Mr. Mason's family will all be here, I think, within 
twenty days, and it would seem that so far as external circumstances are concerned, 
my family will have the means of happiness in a higher degree than almost any 
other in the land." 

On April 21st, he says: "Mr. Mason's family are quietly settled in their new 
home, and the comfort of having them so settled I am satisfied will equal all my an- 
ticipations. Some of the members of each family are in and out a number of times 
every day, and your uncle iM. comes in frequently and gives me a good silting, which 
always leaves me something to reflect upon after he has gone. He h.as a great mind 
and has arrived at that period of life when it is agreeable to him to find good 
listeners, as well as good talkers. The last seven days would have been long days 
!') me, had they not been here. You must be careful and give him e.xact informa- 
■;on when you return, otherwise he will not value it. His habit is to gather knowl- 

■ (Ige from all sources, and he never forgets what he has once heard. If you can 
Uarn anything that will be new to him, I shall be glad." 

You, no doubt, can appreciate the force of the last passages, as you recollect your 

■ ither's habit of what might be truly called pumf'iii):; information. Often when I 
A as enjoying myself with the younger members of the family, no stranger being 
;>resent, he would draw a chair by the side of his own at the end of the fireplace, 
ind would say with a beckoning gesture, "Come here, \V., and sit by me." I would 
iccordingly take the chair, and prepare myself for the questioning I knew would 
■■>llow. You will remember his position and posture on such occasions. He always 

inparted more than he gained, and his conversation was of a most agreeable kind, 
only he would often ask questions about which it was embarrassing to confess igno- 
rance, and to which one could hardfy help attempting a reply. He would sometimes 
cross-examine me on some point, and when he got nie into a corner, was always 
kindly and considerate, and took no unfair advantage of my ignorance. Persons 
who met him in the routine of business-life, could not appreciate the genial traits 
which he manifested in the daily intercourse of his own household. His conversa- 
tion was entertaining as well as instructive, and his store of information best on 



423 



ArPENDI.X. 



424 



Appendix. 



Appendix. 



most topics which interested him. It is now a subject of real regret that I did not 
make some memoranda of the many interesting conversations to which I Hstened 
for so many years. I shall always retain pleasant associations with his memory, 
and shall esteem it a great privilege to have enjoyed such free and unrestrained 
intercourse with so remarkable a man. 

Affectionately your cousin, Wm. R. Lawrence. 

R. M. Mason, Ksq. 

REV. J. II. MORISON TO R. M. MASON. 

Mll.TON, November 2<), 1872. 

My dear Sir, — My first knowledge of your father was gained in the court house 
at Exeter, in the autumn of 1824. For several years while I lived in Exeter, most of 
the time a student in the academy, it was a great privilege to hear the arguments of 
prominent members of the Bar in important cases. Young as I was, it did not take 
me long to find out that Mr. Mason was by far the ablest man there. Mr. George 
Sullivan, the attorney-general, was a graceful, accomplished, and persuasive speaker, 
with a clear, melodious voice. 

Mr. Ichabod Bartlett was a man of remarkable adroitness in the management of 
a case, as quick as a flash of lightning in the movements of his mind, whether to 
inflict or parry a blow. At first it might seem as if he were the keenest and most 
brilliant advocate of them all. But before getting through the case in which he and 
Mr. Mason were engaged on opposite sides, it was plain enough that he was obliged 
to put out all his strength to sustain himself against an opponent who was hardly 
exerting himself at all. Mr. Mason seemed always like a man who felt himself 
master of the situation. He seemed like one who had taken in every possible 
hazard and complication of the case so as to be prepared for it. While his oppo- 
nents grew e.xcited and angry, he without emotion and apparently without exertion 
would give out his short, siiarp sentences which cut through all their logic and left 
them often helpless. The merciless way in which he dissected an argument, sepa- 
ratinn- all the cords by which its parts were bound together, was equaled only by 
the coolness and keenness of the questions by which he subdued a prevaricating 
witness. 

Sometimes he would seize upon the single strong point in a case, and by sheer 
force of repetition brush away the apparent sophistries of his opponents, till we 
could hardly imagine why such foolish arguments could have been seriously brought 
forward. I remember a case in which an attempt was made to break a will by prov- 
ino' mental incompetency on the part of the testator. The testimony, if I remember 
ri<^ht, was very strong and not easily to be got rid of. But Mr. Mason's one point 
was that the testator "had mind enough to know who he loved." Clause after 
clause of the opposing argument was examined. Evidence from different witnesses 



Appendix. 




was reviewed and dissected ; but all in reference to this one point, which remained 

in spite of all that could be proved to the contrary. Whatever might be said in 

regard to the strength or clearness of the testator's mental faculties in other respects, 

"he had mind enough to know who he loved." The whole argument rested on 

that. The jury could hardly retain anything else in their minds. The weight of 

.-■ason and of evidence was nothing so long as it left that point untouched. The 

vcrdictj of course, was for his client. 

I On one occasion, before Judge Storj- of the United States Circuit Court, a dis- 

' lawyer from Massachusetts w.is of the counsel opposed to Mr. Mason. 

iluently and gracefully, in a manner fitted to make a pleasant impression 

on tlie minds of the jury and to enlist their sympathies on his side. He concluded 

by referring to the straitened circumstances of his client, "though," said he, " I 

know that these considerations ought to have no weight with you, and I trust entirely 

to the justice of our cause." Mr. Mason, in rising, said, with a strange mi.\ture of 

linmor and severity in his manner, " I agree entirely with the remark of the gentle- 

ii.m. that the circumstances of his client should have no influence on your decision, 

and I should have asscnteil to it quite as willingly if he had said nothing about it." 

He then went on with his argument, and, Laying open the whole merits of the case, 

' ith wonderful clearness and force, seemed to leave nothing for the other side to 

' II. Indeed, the o|)posing counsel seemed utterly powerless. Twenty years 

I became aci|uainted with the .Massachusetts lawyer, and on referring to 

ins case, 1 found that his recollections of it coincided entirely with my own. 

lloy as I was when I heard ^[r. Mason at the bar, I was very much impressed not 
Illy by the general strength of his reasoning, but by his extraordinary subtlety and 
r f mind. The last time that I heard him — it was before Judge Story, in a 

p' , il argument in March, 1S34, I think, — he must have shown these charac- 

teristics very decidedly ; for Mr. Webster began his reply by saying : " May it please 
your Honor, there are some hairs so exceedingly fine lliat even the gentleman himsglf 
cannot split them." 

These recollections of Mr. Mason can have no value except as showing the im- 
prrtsion made by him upon a boy who had at the time few keener enjoyments than 
in witnessing the sharp and powerful encounter of legal minds at the bar. A few 
years ago Mr. James Rowe, of Bangor, Maine, told me an incident which he thought 
showed the most extraordinary readiness and presence of mind that he had ever 
known of It was told him by Mr. Ichabod Bartlett. The incident occurred during 
the trial of a case in which the most important evidence against Mr. Mason's client 
was given in an affidavit by an old political and personal friend of his. As Mr. 
Mason was beginning to comment on this evidence with a good deal of severity, Mr. 
Bartlett, partly from mischief and partly to soften the force of the strictures, said to 
Mr. M., "There is a report that he [the witness] is dead." Mr. Mason was evi- 
dently very deeply moved and stood silent for a moment, when Mr. Bartlett, fearing 
54 



ArrEN'mx. 



426 



Appe7tdix. 



Appendix. 



that he had carried the joke too far, added : " But there is some reason to suppose 
that it is a mistalie." Instantly Mr. Mason, with very strong emotion, exclaimed : 
" Thank God for that ! Thank God for that ! The man who gave that affidavit 
ought to have time for repentance." 

I first met Mr. Mason at Judge Smith's house in Exeter, but he of course would 
not remember me. In May or June, 1838 or 1839, I met him with his wife and one 
of his daughters at Stockbridge. The cars arrived there during a violent shower. 
There were no carriages at the place, except one which had come to take me and my 
party to Lenox. I recognized Mr. Mason and offered him my carriage to take him 
and his family to the hotel, which offer he very graciously accepted. The next day, 
on entering the stage-coach at Lee, I found myself sitting opposite to him, he and his 
friends recognizing me as one whom they had met the day before. A brisk conver- 
sation was soon begun and continued through the greater part of the day, going over 
a great variety of topics and marked by the qualities of his strong and comprehen- 
sive intellect. I was examined and cross-examined with a severity as unrelenting as 
if I had been a witness on the stand. It certainly was not a pleasant position to be 
in, and once or twice I got out and sat by the driver, merely to escape the searching 
succession of questions to which I was subjected on many different subjects. Still 
there was a singular fascination about it, and after a short respite, I found myself 
drawn back again. This continued through tlie day, till we reached Springfield, 
where we spent the night, and during the greater part of the next day, till we reached 
Worcester, at which place we were to take the railroad train. While at the depot in 
Worcester, Mr. Mason came to me, and in the kindest manner possible, invited me 
to his house in Boston. It was a great pleasure to accept his invitation. I was in 
the habit of going to see him as long as he lived, and was always received and treated 
with the gentlest and most gracious kindliness. The harshness of the cross-examina- 
tion never appeared again. In conversation with him I was always struck by his 
stjiength and originality of muid, his shrewdness and, penetration, as well as by the 
variety and extent of his knowledge. But that which impressed me most of all was 
the sentiment of tenderness and reverence which marked his whole demeanor and 
seemed to affect the very tones of his voice. 

There was something very childlike in his humility. In the Memoir which I pre- 
pared of Judge Smith, there was a comparison of the two great lawyers. Before 
publication, I placed the manuscript containing this sketch in the hands of your 
brother. Rev. Charles Mason, who read it to his father. I had qualified my admi- 
ration for him as a lawyer by intimating that, in a desperate case, he might, perhaps, 
sometimes endeavor to prevent a verdict against his client by confusing and per- 
plexing the minds of the jury. He Avas not offended by the charge. He did not 
deny its truth. But he seemed grieved by it. With a humility, which, in a man so 
able and of so high a spirit, was extremely affecting, he said very gently and as if 
considerinir whether it were so or not, that he was not conscious of ever having done 



Appendix. 



anything' of the kind. It might be true, but he was not aware of it. I do not know 
of any trait of character which shows more real greatness of soul than this humility, 
taken in connection with his extraordinary intellectual ability and the consciousness 
which he could not fail to have of his own powers. 

He could be very severe, terrific in his denunciations of meanness and wrong. 
But I can recall no instance of harshness in-his judgment of his associates or rivals. 
His tone in speaking of them was always one of marked deference and kindliness. 
He was a very earnest Episcopalian, and in the first conversation that I had with 
' ■ ' ke almost contemptuously of the looseness of church government among 

■ nalists. But his religious sympathies were by no means confined to his 
.11 dL-iioinination. Indeed, in his personal relations, I do not think that the con- 
. .deration of denominational associations had the slightest influence upon his feel- 
ings. It seemed to me, as I saw him from time to time, that he grew every year 
ni Iitful, more kindly in his judgments, more delicate and gentle in his at- 

tt.- thers, with a deepening sense of things heavenly and divine, attended by 

a sentiment of reverence like that which we sometimes see in a little child. In the 
latter years of his life, this gradual mellowing and ripening of his whole character 
was more especially observable. The great man was growing into a higher form of 
greatness through his humility and the transforming graces and afiections of a 
Christian faith received into the heart and carried out in his life and conversation. 

These are some of the impressions which he made upon me. Perhaps I have 
drawn inferences too broad, considering the slight opportunities which I had of 
knowing him. But there are some natures so strong in their great endowments, so 
simple in their structure, and so transparent and childlike in revealing themselves, 
that we can hardly be mistaken in regard to them. It was so, I think, with your 
father. He had a most subtle intellect, but there was no concealment or guile about 
him. It would be difficult to measure the e.xtent of his powers and attainments as a 
lawyer. Only the greatest masters of the theory and practice of the law could do 
that. But the highest qualities of his mind and character showed themselves in his 
intercourse with his friends, and left with them impressions which can- never pass 
away. 

With sincere regard, I am very truly yours, 

John H. Morison. 



REV. J. S. STONE TO R. M. MASON. 

Cambridge, Deccvtbcr <), 1S72. 

My de.\r Mr. Mason : — I am glad to learn that we are soon to have a Memoir 
of your honored father. As his life not only measured a long tract of the history of 
our nation, but was also itself an important part of that history, it is needless to say 



427 



AprE.\Di.\. 



428 



Appendix. 



Appendix. 



that the proposed work is a public desideratum; and as I consider our common 
Christianity to be the highest and best element in our national heritage, it seems to 
me very important that, in making such a man as Jeremiah Mason known to coming 
ages, his Christian character should hold a conspicuous place in the record. 

When your father came to Boston in the year 1832, he was not, indeed, a commu- 
nicant in the Church, but he became at once a serious and earnest attendant on her 
ministrations, in the parish of which I was then Rector, and after a short time 
openly connected himself with her Fellowship. He was then in the ripe fullness of 
his powers ; and it is simple justice to his name to say that, in professing himself a 
Christian, his act was no idle compliment to a reputable custom, no unmeaning com- 
pliance with a mere decent yet lifeless form. Long accustomed to sift evidence with 
peculiar skill, and to weigh the merits of a cause in severe balances, his great mind 
saw in Christianity what challenged his free assent and justified his heartfelt homage. 
The calm deeps of his mind had been stirred, and its inmost recesses reached, by a 
more than human power ; and when he knelt before the consecrated Symbols of his 
Saviour's Death and Passion, he felt not that he was bestowing valuable patronage 
upon a needy cause, but that he was paying glad homage to a Divine Master, and 
receiving high honor as from the signet of a Sovereign. 

In some of the non-essentials of Christianity, especially in those touching Eccle- 
siastical Order, he did not always accord in opinion with his pastor ; but in dealing 
with the essential, central truths of the Gospel, that pastor always found the heart 
of his great hearer in live harmony with the theme. As long as I remained iu St. 
Paul's I had in your fiither one of my most attentive and appreciative listeners, and 
one of my truest and most cordial supporters ; and when I left, I left in him one of 
my most honored and trusted friends. 

I rejoice to think that the forthcoming Memoir will carry down to coming genera- 
tions the salutary influence not only of a noble American patriot and citizen, but 
also of a sincere and true-hearted Christian man. 

Ever affectionately yours, 

John S. Stone. 

R. M. Mason, Esq. 



CHARLES B. GOODRICH TO R. M. MASON. 

Boston, March 14, 1873. 

My dear Sir, — 

When your father resided at Portsmouth, after his return from Congress, he received 
from prominent gentlemen residing in some of the Southern States, "Cases Stated," 
upon which his opinion was requested ; he had a manuscript volume in which some 
of his opinions were copied. Mr. Macon, of North Carolina, had great confidence 



Appendix. 



in ami respect for his opinions. Mr. Mason had an enlarged and comprehensive 
knowle(l^;L' of the law in all its branches. In his early practice at Portsmouth he 
instituted several suits known as " Writs of Right," which were to be served in the 
upper part of the State, in the county of Grafton. In the service of these writs 
great exactness was required. After he had prepared the papers, including a minute 
and exact statement of the mode of service, he sent for Peyton Randolph Freeman, 
a young lawyer at Portsmouth, who subsequently became very able in all matters 
relating to the law of real property, who answered the invitation. Mr. Mason read, 
and explained to him the papers which he had prepared ; requested him to take the 
writs, and to see in person that proper service was made. Mr. Freeman said to 
him " You are right ; the papers are correct." Mr. Mason then asked him, " What 
do you know about it? " Freeman said he had borrowed " Booth on Real .Actions," 
the only copy of tlie book in the State, which he had copied entire. This manu- 
script was subsequently destroyed, with the library of Mr. Freeman, which was 
burned some years since. 

Mr. Mason, and sever.il other gentlemen, were employed to defend the sureties 
of a deposit bank, in a suit which had been commenced against them by the United 
States, to recover money which had been deposited. At a conference of the counsel 
Mr. Mason suggested that his juniors should prepare the outlines, or skeletons of 
picas proper to be filed. One prepared seven, another five ; a third wrote out 
twenty-three ; anil they met to consider them. The defendants, who had individually 
become sureties for the bank at the time the Secretary of the Treasury made an 
arrangement with the bank for a deposit of the public money, were directors of the 
bank. The twenty-three pleas were read. As the reading proceeded, Mr. Mason 
commented upon them, saying, " That is very well ; " " That will do ; " " That is im- 
material." After some ten or fifteen had been read, the reading of another was com- 
menced, which was founded upon an assumption that the Secretary of the Treasury 
and the directors of the bank had conspired to defraud the defendants. So soon as 
the character of the plea was disclosed, Mr. Mason interrupted, and said, " What is 
that — a conspiracy — a conspiracy to cheat — to cheat whom — a conspiracy by the 
defendants to cheat themselves." The result of this comment was graphic. The 
plea was rejected. This is only one of many instances in which the acute and in- 
stantaneous perception by Mr. Masori of the true principle or point at issue man- 
ifested itself 

A former Chief Justice of New Hampshire (Richardson), who tried the Dartmouth 
College case in tlic State Court, an able, learned, and upright judge, was somewhat 
impulsive, quick, and off-hand in his rulings at nisi prius, and occasionally when sit- 
ting in bank. He was ready, however, to hear; and if satisfied he had made a mis- 
ike, willing and quick to correct it. He had not any pride of opinion which 
induced him to adhere to any mistake which he had made. On one occasion Mr. 
Mason, at a trial before the jury, made several objections, which were overruled ; 



429 



Appendix. 



430 



API'ENDIX. 



Appendix. 



but in the course of the hearing he made one which was sustained by the Chief 
Justice, upon the announcement of whicli Mr. Mason said, " Will your honor stick ? " 
evidently perceiving that upon this ruling the case was with him. 

Mr. Mason with reluctance accepted the presidency and direction of the Branch 
Bank of the United States at Portsmouth, at the urgent solicitation of the parent 
bank at Philadelphia. He managed its affairs with great fidelity to the interests of the 
bank, at the same time extending to its customers and to its debtors every accom- 
modation and leniency which could with propriety be granted. The objections to 
his course were made entirely upon political grounds. The president of the branch 
acted as loan officer of the government, and had charge of the payment of pensions. 
The Secretary of the Treasury gave Mr. Pickering, of New Hampshire, who had 
been appointed loan officer, with authority to pay pensions, an order upon the 
branch bank for the papers and money applicable to their payment. Mr. Pickering 
called at the office of Mr. Mason, presented his commission and the order of the 
Secretary. At this stage of the interview Mr. Mason said, " Have you any other 
business with me? " To which Mr. Pickering replied, " No, sir." Mr. Mason, with 
a graceful wave of his arm, said, " Good morning, sir." Mr. Pickering, somewhat 
astounded, asked if he declined to deliver the papers and pension funds in his 
hands. To which Mr. Mason answered, " If you will produce an order from Mr. 
Biddle, I will very cheerfully comply." In truth, the Secretary of the Treasury 
had transcended his authority in attempting to deprive the bank of some of its 
chartered rights. This w'as one of the causes which induced an attack upon the 
Bank of the United States, which subsequently resulted in its destruction. 

The incidents to which I have referred are similar to many others, which were inter- 
spersed in the daily professional life of your father, which were instructive and profit- 
able to those around him. Mr. Mason was considered by many of the community 
as distant, forbidding, and severe in his bearing ; the impression so entertained was 
not well founded. He did not seek for or regard, if I may so sayj the popularity of 
the street ; but in his intercourse with neighbors and friends he was courteous, 
bland, and kind, to an extent not surpassed by any one. I shall ever cherish his 
memory with gratitude for the many kindnesses which he extended to me in my 
early professional efforts, which were not discontinued during his lifetime. 

V^ery respectfully, your obedient servant, 

C. B. Goodrich. 



Appendix. 



MR. MASON'S FAMILY AND DESCENDANTS. 

Mr. Mason was married on the 6th of November, 1799, to Mary Means, born 
October 20th, 1777, daughter of Robert and Mary Means, of Amherst, N. H. 

Mrs. Mason possessed in a remarkable degree the feminine graces of mind, heart, 
and character ; and it is fitting that her descendants should know how beautiful and. 
\emplary her life was, and what cause they have to reverence and cherish her 
memory. 

From her letters to Mr. Mason before and immediately after her marriage, some' 
f which arc still preserved, it appears that she showed at an early period those ele- 
v.Ued and amiable traits which grew with her growth, and guided her whole future 
life. She seems to have had from the beginning a deep sense of the responsibilities 
she was to assume, and to have devoted herself, heart and soul, to the performance 
of the duties devolved upon her by her new relation. 

Aware of the burden of labor and responsibility which rested upon her husband, 
it was her constant aim and wish to take upon herself the whole charge of the 
. lusehold, and thus, as far as she could, to lighten his toils and relieve him from 
ii,\iety. Hut Mr. Mason's own nature was sympathetic and careful. AVith the high- 
u:it estimate of his wife's character and capacity, he was never quite willing to allow 
I her to assume all the weight of responsibility which the care of a large family 
involves. 

As will have been seen from some of his letters, Mr. Mason was of an an.xious 

mperament, a little disposed to anticipate trouble, and provide for it before it 
Lame. It was his custom before he left home either for Washington, or to attend 
the courts, to make provision in advance for any emergency which might arise in his 
absence, and thus relieve his wife, as f;ir as possible, from the anxiety she would nat- 
urally feel in her lonely estate, surrounded by a large and growing family. 

The period between 1812 and 1S15, while we were at war with England, was not 
without some peril to the population on the seaboard, and large towns like Ports- 
mouth were particularly e.vposed to attacks from the enemj'. During these years 
ic town was threatened, or was thought to be, more than once, with hostile demon- 
rations. Whether there was any real ground for alarm, or whether the apprehen- 
ions were only the growth of timid fancies, is doubtful ; but of the latter, the gen- 
eral trepidation was as great as if there had been just cause for dread. 

The prospect of a hostile attack was not a pleasant subject of contemplation for a 
man of Mr. Mason's temperament, when leaving his family for a long journey, or an 
indefinite period. He took all possible pains to provide them with the needful' 



431 



Appendix. 



432 



Appendix. 



Appendix. 



means of escape should the enemy land, and gave his wife careful directions what 
to do. 

Mrs. Mason, by her gentleness of nature and sweetness of manner, won the 
hearts of all who came within her sphere. She was the friend and comforter of the 
sick and the needy ; they never appealed to her in vain. In the large social circle 
in which she moved no one was more respected and beloved. Hospitable herself, 
she was a welcome guest in every house. She had nothing of the bitterness and 
jealousy which sometimes disturb the harmony of small communities. Sweetness of 
temper, sympathy, and patience, were among her marked traits. She never thought 
or spoke of the weaknesses and foibles of her acquaintances. She put out of sight 
what she could not approve. She won the affections of all by her uniform courtesy 
and gentle self-control. As said by one who knew her well, " Mrs. Mason was uni- 
versally respected and beloved ; she was esteemed the model and admiration of her 
sex among the good people of Portsmouth." Long after she ceased to be a resident 
of that town, her memory continued fresh and grateful in the hearts of those with 
whom she had been associated in all the relations of friends and neighbors. " Her 
refinement and courtesy, her benevolence and hospitality, were held in grateful 
remembrance." She was an accurate judge of character, and indulged sometimes 
in a playful pleasantry, but never with bitterness, or to offend the susceptibilities of 
any one. Mr. Mason was not so guarded in his strictures on the society around 
him. His comments were often sharp and incisive, and sometimes drew forth a mild 
reproof from his wife. These were not always effectual in checking him, though 
they were uniformly taken in good part. Sometimes an animated and amusing dis- 
cussion would arise. Mr. Mason, by way of defense, qualifying his original criti- 
cism by some playful observation which yet involved a new sarcasm. Then per- 
haps he would withdraw the whole sting of his censure by some kindly remark, 
calculated to soothe any wound which might have been left upon his wife's sensibili- 
ties. Her influence in truth was very great over him, and it was often remarked in 
the family how often she carried her point in the end. In her gendeness and sweet- 
ness there was nothing of weakness. Her character was firm, and she had an excel- 
lent judgment, for which her husband had a great respect, and often expressed it. 

The prominent traits in her character were disinterestedness and kindness of 
heart. No human being was ever more free from the taint of selfishness. It was 
her delight to minister to the happiness of others. Her life was filled with deeds of 
charity and kindness, flowing from a warm heart and a self-sacrificing spirit. 

She was a Christian in principle and practice. Religion ruled and colored her 
whole life. It was the foundation on w-hich all her virtues rested. From this source 
her peace, her submission, her cheerfulness came. She was conspicuous for the 
Christian grace of humility, which shed a sweet and pure influence over her whole 
life. She was always distrustful of herself. If the graces of the Beatitudes are a 



Appendix. 



test of Christian character, for her wc may justly claim that merit; for in her they 
shone conspicuoiisiy. 

Mr. and Mrs. Mason were in the habit of talking about the probable duration of 
their lives, and on one of these occasions he told her that she would survive him, 
and tinally die at the same age as himself. Mis prediction was almost literally ful- 
filled, though at the time of his death there was little probability of her living ten 
vrars longer. She died April lo, 1S5S, aged eighty years, five months, and twenty- 
le days, having exceeded her iiusband's term of life by only four days. She was 
jricd at Mount .Auburn by his side. 

.Mr. and Mrs. Mason had eight cliiidnn. five suns :iik1 tliiee i] uighters, of whom 
five are deceased, namely, — 

George Means Mason, boni 1 M-ucr 3, inoo ; uied August 16, 1865. 
Mary Elizabeth Mason, born May 18, 1802 ; died April 29, 1859. 
Alfred Mason, born .March 24, 1S04 ; died .April 12, 1828. 
James Jeremiah Mason, born June 13, 1806 ; died June 13. 1835. 
Charles .Ma.son, born July 25, 1S12 ; died March 23. 1862. 



GEORGE .MK.VN.S M.ASON. 

George Means Mason, the eldest son and eldest child of Mr. and Mrs. Mason, 
had his early education in Portsmouth, at such schools as the town then contained ; 
but as he grew older, and better means were required for the training of his mind, 
anil to prepare him for college, for which he was destined, he was placed under the 
charge of Dr. Coffin, a gentleman of scholarly attainments, well fitted to discharge the 
trust he assumed. Dr. Coffin's family was highly esteemed in Portsmouth. The 
writer of this has a vivid recollection of the venerable and ladylike appearance of 
Mrs. Cofl[in, whose attractive aspect and manners secured her general regard. Their 
children had the same amiable qualities, and were favorites with their friends and 
contemporaries. 

During a pwrtion of Mr. M.ason's absence in Washington, George lived in Dr. Cof- 
fin's family, as it became necessary to distribute the children where they could best 
be taken care of, Mrs. Mason having accompanied her husband to Washington dur- 
ing one of the sessions of Congress. George naturally fell under the charge of his 
teacher, this arrangement affording greater facilities for the prosecution of his 
studies. 

Here he remained till he was fitted for Bowdoin College, at that time presided 
over by the Rev. Jesse Appleton, D. D., whose name appears in the Memoir as one 

-Mr. Mason's correspondents. Dr. Appleton was Mr. Mason's brother-in-law, and 
thus that institution had peculiar claims on the latter's regards, and two of his sons 
were educated there. 



433 



.API'KNDIX. 



434 



Appendix. 



Appendix. 



George passed through college very creditably, though he was not very careful in 
the observance of the college rules. This sometimes exposed him to censure, but 
his natural abilities enabled him to master with ease the reciuired studies without any 
great application. In those days the course of study in the colleges of New Eng- 
land did not task the powers of the students so much as is now the case. 

After leaving college, George entered his father's office as a student, and there he 
had the opportunity of seeing all the varied business of a lawyer in large practice. 
But whether from the want of a natural taste for the profession, and the skill in 
applying his knowledge, or for some other reason, he did not seem to be able to 
make the results of his law studies available for the active and profitable pursuit of 
the profession. 

His father, seeing this disability, and thinking, and perhaps rightly, that his 
chance of ultimate success would be better by a removal to another and an inde- 
pendent sphere of action, where he would be thrown on his own resources, advised 
him to take up his residence in Boston. 

George accordingly removed there, and opened an office. He did not long 
remain in Boston, but moved by a desire to see something of the Western country, 
then, as now, rapidly filling up with emigrants, but in larger proportion than now 
from the Eastern States, lie made a journey to Ohio. Here he gained many valu- 
able friends, and learned much by personal observation of the condition and pros- 
pects of the country. His purpose had been to settle, and pursue his profession 
there ; but he satisfied himself that the qualities essential to success in that region 
were of a more energetic and enterprising nature than he possessed. He had not 
the pushing ways necessary to get business. He had not resolution enough to put 
himself forward prominently before that class from whom business was to be ex- 
pected. With superior knowledge and abilities, he was held back by reserve and 
self-distrust, and to such a degree as to make almost useless the talents and acquire- 
ments which he unquestionably possessed. 

His mind was well stored with book knowledge, both in law and general litera- 
ture. 

On his return from Ohio lie resumed his place in his father's office, taking upon 
himself much of the labor he was so well qualified to perform in the preparation- of 
cases and the general work of the office. Here his accuracy of detail, and his care- 
ful investigation of authorities, enabled him to be of excellent service. He did not 
often appear in the courts, but when he did it was always with credit to himself. 

His taste for reading made large collections of books attractive to him. The 
Atheneum was his favorite resort, and when the Public Library in Boston was 
opened it was much frequented by him. 

He wrote occasionally for the " North American Review,'' and showed a culti- 
vated mind and a scholarly style. 

The circumstances of his death were very touching, mysterious, and afflicting. 



Appendix. 



435 



He h.iil .iccoii"i''^"'ftl some near and dear relatives, wiili whom he had been in con- 
stant intercourse for many years, to the steamer in which they were to embark for 
Europe. Taking leave of them witli sad. lhouj;h not greatly depressed feelings, he 
went to an office he was in the habit of visiting to look over the newspapers. He 
took up one of them, but in a few moments was seen to drop the sheet; his head 
fell forward, and he was dead. The cause of his death was thought by his physi- 
cians to have been an affection of the heart, probably aggravated bv the mental e.x- 
citement caused, though not betrayed at the time, by the separation from those he 
loved, and the prospect of returning to a lonely home. It happened that all the other 
members of his family were then absent, and the gloom that came over him was 
a proof of his strong domestic attachments, and his dependence on the affection 
and kindness of those with whom he was most nearly connected. 



-Vl'l'E.NDI.X. 



M.\RY KI.IZAIiETII M.\.SON. 

It will have been seen by some of the letters in the Memoir how an.xious Mr. 
Mason was to imbue the mind of his daughter, when she was quite yount^, with 
those principles and rules of conduct which arc essential to the highest excellence 
of the fcm.ile character. He was careful to urge the importance of close attention 
to her studies, not neglecting advice as to the acquisition of those accomplishments 
which every well educated woman should possess. From him she learned how 
much of the happiness of life depends upon domestic affection and offices of love 
towards members of the same household, and also how important good manners are 
in winning and retaining friends, and what careful regard should be had to the tastes 
and feelings of others. An anxious desire for the welfare and happiness of his chil- 
dren was indeed the ruling motive of his life. For this he gave up political life and 
the indulgence of ambitious aspirations, because they took up so much of the time 
which he thought should be given to his family. His great desire, as often expressed 
by him, was to give to all his children such education as would fit them to discharge 
worthily and well the duties to which they might be called. Beyond this he did not 
e.xpect to do much. The acquisition of property was never a le.iding object with 
him. He lived in a hospitable and generous style, and was charitable to the extent 
of his means, and thus could not accumulate any great amount of property. His 
children were well aware of this, and thus never formed extravagant expectations. 

His careful regard for the welfare and happiness of his children was well repaid 
in the case of his eldest daughter. His advice and instruction fell like good seed 
on rich ground. She was of a thoughtful nature, open to improving influences, con- 
siderate of others, and faithful to all the duties of life. Her heart was affectionate, 
and her manners gentle and winning. Much of the symmetry and finish of her char- 
acter was due to the teaching of her father and the exaoiple of her mother. Her 
friends noticed in her a constant moral and spiritual growth. She inherited her 



436 



Appendix. 



Appendix. 



father's good sense and sound judgmeiit, and with these were combined a social tact 
and a sweetness of manner which made for her many warm friends. Her mind, 
well balanced and well constructed, put forth its powers in a style of conversation 
which showed at once reflection and study. Her manners, like her father's, were 
calm and self-possessed. Her heart was full of sympathy, and she shared alike in 
the joys and sorrows of her friends. Her judgment was sound and deliberate, and 
she never acted from sudden impulse. In her presence and movetnents there was a 
mingling of dignity and grace, which conciliated at once respect and affection. 

Upon a heart so tender and sympathetic as hers the domestic sorrows, which are 
the lot of humanity, and from which Mr. Mason's family was not exempt, fell with 
peculiar weight ; and they gave to her manners a tinge of sadness, but without any 
touch of bitterness or gloom. For she was a woman of strong religious faith, and 
this was her all-sufficient support in all her trials. The Christian graces of human- 
ity and self-sacrifice shone in her life with peculiar lustre. The touch of sorrow 
only served to increase her natural tenderness and sensibility. 

As her father advanced in years, and the infirmities of age began to press upon 
him, his eldest daughter devoted herself to him. with a touching affection. She 
watched the gradual decay of physical powers, but never had occasion to mourn the 
darkness of mental eclipse, for Mr. Mason retained all the powers of his mind to 
the last. The years of his decline were serene and happy. He was undisturbed 
by the cares of business, and his whole time was given to the society of his family, 
and that of the many friends who visited him for the sake of his instructing and 
entertaining conversation. 

It was Miss Mason's habit to record what was interesting to her in a diary, seen 
by none but herself during her life. The extracts from it which follow, show how 
close was the tie which bound the father and daughter together, and what love and 
confidence there were between them. Her conversations with him were not confined 
to the common topics of domestic life, and those subjects of public interest which 
were open to all ; but they often turned on those solemn themes of life, death, and 
immortality, on which men do not open their hearts e.xccpt to those whom they fully 
love and trust. With his daughter, who devoted herself to him with such tender 
assiduity, he had no reserve. And she was able to bring to the discussion of such 
questions a superior mind, cultivated by reading and reflection, and exalted by a 
strong religious feeling, which gladly led her firther's powerful understanding in a 
direction so congenial to herself 

It will be seen by Miss Mason's diary that the great aim of her life was to minis- 
ter to the happiness of her father and mother. She dreaded the hour when, in the 
course of nature, she should be called to part with them ; and felt that after such 
separation the world would lose much of its attraction for her. 

The death of her father, and afterwards that of her mother, did actually wean her 
from this life, and she was prepared at any moment to obey the summons that should 



4ppe7idix. 



437 



call her hence. But her life was still cheerful and active. Much of her time was 
given to works of benevolence and charity, and the visiting of the sick and destitute, 
especially in the interests of two institutions with which she was closely identified : 
" The Widows* Society," and the " Church Home for Orphan and Destitute Chil- 
dren," the latter founded by her brother, the Rev. Charles Mason. This most be- 
neficent charity enjoyed the benefit of her wise counsel and devoted care, to its 
great and lasting advantage. 

It need hardly be added how much she contributed to the happiness of the family 
circle to which she was endeared by such ties of affection, the surviving members of 
which will never lose the precious remembrance of her admirable character and 
sweet disposition, and the ever warm sympathy with which she made their joys and 
sorrows her own, of which her diary contains almost daily proof Under the provi- 
dence of God, she was called to share with her sister the charge of her brother's 
children, who will ever remember her tender and watchful care. 

.\ few extracts from Miss Mason's diary are here given, as illustrating her purity 
of character and strong filial affection : — 



Ari'ENDIX. 



April, 1343. — In the evening several visitors, amongst others Mr. Hillard. Father 
talked with him of his professional habits, — his early rising and hard working, year 
after year ; but after all it was the best profession, and he would choose it again, 
though not perhaps New Hampshire as the field. . 

Siindity. — I have been interested in reading some of Mr. Greenwood's sermons 
on Consolation. Father was struck with their poetic beauty ; he has been troubled 
with rheumatism several days, and seemed to fear a tedious confinement, and I was 
surprised to see with what a quiet spirit he spoke of it ; he often laments the 
want of patience. It is touching to hear him confess with so much meekness what 
he says is his infirmity. He is the best and dearest of parents, and seems to grow 
more tender towards his children every year, feeling, as he does, that each may be 
his last. 

In speaking of the effect of capital punishment, he .said that he went to Norwich 
to a hanging, when he was about ten years old, which frightened him so that he did 
not go to bed for years without thinking of it. Since that time he had defended 
half-a-dozen criminals, and saved them all from that punishment; he said he pre- 
ferred being on that side to the other, but it was disagreeable business, and one that 
he had always been pressed into. 

The List il(iy pf 1843. — This year no sickness has come nigh our dwelling ; our 
beloved parents arc still spared, the light and joy of our home. 

April 28, 1844. — Yesterday was my dear father's birthday; it was a pleasant 
day to us and to him. We united in a family gift of a Bible to him, as a mark of 
our love and remembrance of the occasion. What a blessing that this dear parent 
has been spared to us so long. 



AiTENDix. A/t^us/, 1S44. — I came home from Amherst, finding I was rather missed, and 

had a delightful greeting. O ! how happy these returns are, and what a beloved 
home has mine always been. 

i8th. — The country is beautiful, and my visit to Brookline was pleasant. We came 
in today to church and heard Dr. Vinton, after an absence of some weeks, which 
seemed like the restoration of a great privilege. Father has been hearing and read- 
ing in the evenings the " Life of Lord Eldon," with great interest. It is a fine Eng- 
lish edition given him by Robert, which adds to his pleasure in reading it. 

Sfpte»iber 10, 1844. — Father and mother have been alone, and have quite en- 
joyed it, for a few days, talking over old times, etc. What a long and pleasant life 
they have had together ; they have concluded that if they live to their half century 
anniversary, they will celebrate it. God grant they may, if it will be for their hap- 
piness. He alone knows what is for our true good ; but if that time should find 
them with health and happiness unimpaired, it would be a blessing indeed. What a 
long and happy period He has allowed us to enjoy on earth together ; it seems to me 
now, that I shall have no object in life, when these beloved parents are taken ; but 
God will then, I trust, draw me nearer to Him. 

September 17. — Father, mother, and I have had a pleasant journey to Rhineland,' 
where we received the hearty welcome we expected. It was a long journey for my 
dear father, and the fatigue and annoyances of travelling are so great, that I do -not 
think he ought to be subject to them at his time of life ; but we have returned from 
this safely and after much enjoyment, and he was the life and centre of attraction. 
How proud I was of the noble old man. 

December, 1844. — Jane and I have promised to be with Charles,- one at a time, 
and do what we can to lighten his heavy burthen of care. It will involve a, separa- 
tion from each other, and from the dear home w-e love so well ; but the hardest sep- 
aration is from the dear old man, whose hoary head is our crown of rejoicing, and 
from whom I feel that we may soon be called to part. I cannot bear to think of 
being so much away from dear father, but this seems to be a call of Providence, and 
our duty is clear. May God give us strength to fulfill it. 

January 5, 1845. — In thinking of Susan's ' life, I see a beautiful exemplification 
of the Christian character, and a model which we may well imitate. In our afflic- 
tion God has remembered mercy, and I would bless Him that He has spared my 
beloved parents to see this new year. 

January 26, 1845. — This is probably the last Sunday that I shall spend in this 
dear home for three months ; how thankful that I am leaving them well, but in that 
time what changes may occur. .......... 

yune 28. — My dear father has been confined with lameness to his chair for 
nearly a fortnight. It has been a great pleasure to be with him to cheer a little the 



' The residence of Dr. and Mrs. Rhinelandcr, Long Island, N. Y. 
- After the death of his wife. ' Mrs. Charles Mason. 



Appendix. 



dullness of his confinement. He has been %'ery patient, and it is a comfort to see 
that as his infirmities increase, so does his gentleness and submissive spirit. 

N<n<imb,;r 25. — For the last two months we have been much occupied with our 
beloved Uncle and Aunt Lawrence in sharing their anxieties and doing what we 
could to cheer him, when she was devoting herself to her darling son.' That object 
of tender solicitude is now removed. Dear Robert breathed his last yesterday even- 
ing, commending with his last utterance his soul to his Saviour. 

After her father's death. — . . . . but my de.ir father is gone. O Heavenly 
Father, take now my whole heart, now that Thou hast taken my greatest earthly 
stay. 

. . . . has been in this evening ; it has been delightful to hear him talk of 
dear father ; how my heart warms towards those who loved him and enjoyed so much 
his society ! 

. . . . seems to feel deeply his own personal loss ; he h.is lost a sincere and 
earnest friend. O ! it cheers and comforts me to think I have had such a father ; 
may his noble qualities, and the recollection of his tender love, keep me from every- 
thing small or mean ; all about him w.is genuine, earnest, and true. God forgive 
mc if I have ever grieved that kind heart. How my longing eyes look in vain for' 
that remarkable form ; when I see that vacant chair, and remember the hours I have 
passed by his sifle, I feel that nobody will ever love me in this world as he did, 
except perhaps my dear mother, and she has never seemed so dependent on our 
afTeclion ; but she will be, now that he is taken. 

December, 1848. — I feel thankful to h.ive been with my beloved father during 
this last summer ; it has given me a treasure of sweet recollections, which I shall 
love to cherish through life. 

I h.avc many feelings of regret that I did not improve more opportunities of con- 
versation upon religious subjects, but I do not know that it would have been useful ; 
his mind was constanily dwelling upon the subject, and perhaps the meditations of 
such a mind were more profitable ; and I know that he often expressed tiie strongest 
desire to be prcparc<l, and a firm trust in his Saviour. 

When he w.is every evening silting in his chair for an hour at twilight, and looking 
at that glorious sky as if he would penetrate its mysteries, what help could any 
words of mine have given. I feel thankful that these few years of serene life, free 
from care and turmoil, have been spared to him. 

How often, when I h.ive been reading to him sermons on the Resurrection, in 
which were speculations upon the spiritual state and the intercourse of disembodied 
spirits, he would s.ay, " It is what we cannot comprehend here, the sort of intercourse 
spirits without matter can hold ; it w.is what we could have no idea of now." Specu- 
lations upon things not clearly revealed in the Scriptures he did not enter into. 

' Robert Mc.ins L.iwrcncc, who died at nineteen years of .ige. 



439 



Appendix. 



440 



Appendix. 



Appendix. 



September, 1849. — Dear mother has tried to be cheerful, and has succeeded, 
though I thuik she feels her loneliness here ' in the summer, from not having her 
usual occupations, and the feeling that dear father would have enjoyed it so much. 

August, 185 1. — I have enjoj'ed the quiet of Boston, and the time I have had to 
myself at this season. Mother and I have had much pleasant intercourse together. 
She has enjoyed hearing Wordsworth's Life read. I have not read anything in a long 
time that has given me so much pleasure ; and it has brought back a fresh pleasure 
in his poetry, which I used to enjoy so much long years ago. 

Jauuary i, 1853. — The year did not leave us without its warning in a most 
solemn and affecting manner. On its last day our dear Uncle Lawrence was taken 
from us most suddenly and unexpectedly to us all. He has been connected with 
our dearest associations for many years, and his loss will make a change in our 
circle most deeply to be felt. He has been a warm and tenderly affectionate friend 
of thirty years ; his loss is great to us, and to the poor and suffering, to whom his 
purse and heart were ever open. 

July 31, 1853. — Sharon Springs. I have been here little more than a week, and 
the time has passed pleasantly, and I hope not unprofitably. I have met Christian 
friends whom I shall long remember. Miss Donaldson is a rare character ; may her 
example have an influence on me for the good of my soul ; such simplicity and de- 
votion to the one object of her life, doing good to the souls of her fellow beings. 

April 25, 1858. — My dear, precious mother departed this life on the loth day of 
this month. No more will her sweet, gentle accents reach my ears ; no more her 
sympathizing heart be open to share all my cares and anxieties, — the tenderest of 
human relations has ceased for me. O, may the remembrance of her lovely traits 
of nature and grace help to make me in earnest to be like her, and to make it now 
the business of my life to make others happy. May we all be thankful that this 
blessed mother has been spared to us so long for a comfort and example. 

Deeember 19, 1858. — The joyful season of Christmas is approaching. AVhat 
sweet recollections we have of the social enjoyments of this day, all our lives long. 
But the dear mother, so long spared to be a blessing, is now removed, as I trust, to 
a better world. And now I would pray that the mourning over lost joys and bless- 
ings may be swallowed up in rejoicing for the birth of my precious Saviour into this 
world of sin. 

The following notice of Miss Mason appeared in one of the Boston papers soon 
after her death : — 

OBITUARY. 

Died. _ In this city, April 29, Miss Mary E. Mason, eldest daughter of the 
late Jeremiah Mason. 

' Tliey were spending the summer at Danvers. 



This announcirneiit came with startling suddenness upon a large circle of the 
friends of the dccea.sed. And scarcely less ovenvhelming was the unexpected 
summons to that inner circle of which she was so beloved a member. It may be 
truly said, that she herself was the only one prepared to meet it. It would, indeed, 
have been .strange had it been otherwise ; for her whole life seemed to those around 
her but a preparation for death. And this not in a gloomy sense — far otherwise. 
To the most social and amiable qualities of mind and heart, she added those vigor- 
ous elements of decision and force of character, good judgment, and worthy action, 
which make " the perfect woman nobly planned." 

Her deeds need no eulogy,— they live after her. The widow, the orphan, the dis- 
tressed, knew her charitable hand, and revived and took courage at her kindly and 
inspiriting words. 

The parish of which she was so active a member, deeply feels the great loss it 
has sustained in one who was ever ready to meet its numerous appeals. Its welfare 
was one of the last wishes of her heart, breathed with her farewell message to its 
rector, her brother, absent in a foreign land, and unconscious of his double loss. 

As a daughter and a sister, no language can fitly portray her eminent excellences 
Self-denying, ever thoughtful for others, and never so well pleased as when laboring 
for those who needed sympathy and kindness. 

Her truly Christian conversation and her graceful simplicity of manner, shone 
" like apples of gold in pictures of silver." Her walk was with God, and her faith 
" the evidence," for her, " of things not seen." 

In remembering the nobleness of her character, and in more affectionately linger- 
ing over the contemplation of its singular loveliness, we are gl.id to think of her as 
having crossed the dark river in peace, leaning with unfaltering trust upon the arm 
of her Saviour. 

" Calm on the bosom of thy God, 
Fair spirit ! rest thee now ! 
E'en while with ours thy footsteps trod. 
His seal was on thy brow." 



.\I-KRED M.VSOX. 

,\i.fHKn M.ASON was the second son of Mr. Mason. He entered K.xeter .'\cad- 
emy with his brother James, two years his junior ; the one destined for a college 
education and a profession, and the other for the life of a merchant. 

After the usual preparation at that celebrated school. .Alfred entered Bowdoin Col- 
lege. There he early developed a taste for the Natural Sciences, especially for min- 
eralogy and geology, under that distinguished man Professor Cleveland, who seemed 
56 



Appe.ndix. 



442 



Appe7idix. 



Appendix. 



by the power of his genius to attract and attach his pupils to him in a remarkable 
way. 

Alfred entered upon the study of medicine immediately after graduating at col- 
lege, under the direction of Dr. Pierrepont, in Portsmouth. To diversify his occu- 
pation, and to put in practice his acquirements, he early made the Almshouse 
serve as a sort of hospital, and there experimented upon such of the inmates as 
were willing to have him try his skill upon them, and he was never at a loss for 
patients. He used to say the old women paupers loved medicine, and were never 
satisfied without a dose, whether needed or not. He always gratified them by ad- 
ministering, according to the exigency of the case, sometimes a bread pill or other 
mild remedy, when the patient did not seem to require more powerful treatment. 
He had a bright and genial way with him, which encouraged and made friends of 
these poor people, so that his welcome visits cheered and enlivened them as much 
by his friendly and kind manners as by any supposed charm in his applications. 

After a sufficient preliminary preparation in the study of his profession, he 
attended the Medical Lectures in Philadelphia, where he had much friendly inter- 
course with those eminent practitioners. Doctors Gibson, Chapman, and Barton. 
Subsequently he went to New York for the benefit of the Medical Course there. 
He applied for the position of Resident Student in Bellevue Hospital, the largest 
institution of the kind in the State, and received the appointment. He entered 
upon the duties of the station with great ardor and zeal. A fever of most violent 
and malignant character soon broke out, and spread through the wards, carrying off 
great numbers of the patients, with whom he was in constant attendance, in fearless 
disregard of the danger to his own life ; he .was attacked, and prostrated by the dis- 
ease. It was soon apparent that he was to be a victim to his own courageous devo- 
tion to what he thought was his duty. 

Mr. and Mrs. Mason, on receiving information of his sickness, immediately left 
Portsmouth to proceed to New York, but were stopped in Boston by news of his 
death. 

His brother George reached New York in time to see him before he expired, but 
when too late to be recognized. 

Duting his sickness he received the utmost care from Doctor Delafield, the warm 
and constant friend of his family ; and also from the medical staff of the hospital, 
who all felt a deep solicitude, for he had strongly attached himself to them by his 
manly qualities, and the intelligence he displayed in the arduous duties of his posi- 
tion. But it was beyond the power of human effort to save him from the devastating 
scourge ; and thus was cut off in his early manhood a career of remarkable prom- 
ise, which would have been an honor to the profession and to humanity. 

The last melancholy duties of his burial were performed under the direction of 
Doctor Delafield and the late Charles March, with a tender and affectionate care, 
for which his family will never cease to be grateful. The remains were deposited in 




Mr. M.ircl»"s family tomb, where they laid until after Mr. Mason's removal to Bos- 
ton, when he had them brought to Mount .\uburn and placed in his lot, with others 
of his family. 

This first entrance of death into the family circle of Mr. Mason, which had until 
then been so cheerful and sunny, cast a deep shadow over it, and left its impression 
for a very long time. 

With talents and prospects so brilliant, it was the disappointment of hopes, which 
had been fondly and justly cherished, and shared by the numerous ffiends of the 
family in Portsmouth, where he was a great favorite, making friends always by his 
"ordial and genial bearing, and they manifested their sorrow in an affecting manner. 

At the request of the young men of Portsmouth, a eulogy was pronounced by Dr. 

cever, portions of which are now printed, to show their appreciation of his worth. 

■ Alfred Mason, whose early loss we mourn, was born the twenty-fourth of March, 
1804, and under circumstances of parentage, rarely enjoyed, to elicit and bring for- 
ward his naturally sagacious and inquisitive mind. It is not, however, my intention 
to dwell upon the early scenes of his childhood. A thousand little incidents, with 
their kindred emotions, rather to be felt than described, must rush upon your mind.s, 
when I advert to days on which memory fondly lingers, before the charm and m.agic 
of existence has been broken by the trials and vicissitudes of maturer years. His 
early life he spent amongst you, and how cheerfully and happily, will not be foro-ot- 
ten. You all remember his docility and gentleness, the ingenuousness and sweetness 
of his temper, the amiable simplicity of his character, and the noble generosity of 
his soul. 

" After passing the usual period at Phillips' E.\eter Academy, where he gained the 
attachment and esteem of all who knew him, he entered Bowdoin College. Here 
the same qualities of the mind and heart, which endeared him to his earliest friends, 
made him esteemed and beloved in every connection he formed. If, however, he 
was not particularly distinguished in the routine of its e.xercises, it was not that he 
was deficient in industry, or insensible to the importance of intellectual cultivation ; 
for in a very large class he exerted a commanding influence by his extensive infor- 
mation on subjects of general and polite literature, and by his unrivaled eminence 
in a particular department of knowledge ; but because he viewed the prescribed 
studies of a college life as comparatively of inferior value to one who had marked 
out for himself a course of life, in which they would prove, at least, of doubtful 
utility ; and he had strength and elevation of character to forego the trifling distinc- 
tions they might confer, in his love for those which were more congenial to his taste, 
and for which he ever evinced a most remarkable genius. It is the remark of one 
who knew him best, a classmate and an intimate friend, ' that he discovered in early 
life a decided partiality for natural science ; and as he increased in years, it ripened 
into the most devoted and exclusive attachment. He flung his arms around her 
inanimate form, and, like Pygmalion's statue, nature grew into life, and beauty, and 



Al'PKNDI.X. 



444 



Appendix. 



Appendix. 



intelligence, beneath his warm embrace ; and neither mathematics, nor poetry, poli- 
tics, nor pleasure, could shake his constancy or estrange his love from those charms 
that won his youthful heart.' 

" Thus early did he show a predilclion for studies in which he afterwards became a 
remarkable proficient. Nor was he without sympathy in these high and noble pur- 
suits. It was his good fortune at this period to attract the notice of one whom our 
country has delighted to honor, as having attained to the very foremost rank in nat- 
ural science, and for whom, in a particular branch, we should, perhaps, be unwilling 
to yield the palm of distinction to any in the world.^ From him our young friend 
received the greatest assistance. He caught his spirit, and by his aptitude for learn- 
ing, his industry and enthusiastic exertion, did honor to the distinguished attentions 
that had been so liberally and so generously bestowed upon him. He particularly 
devoted himself to the sciences of physiology, natural history, chemistry, and min- 
eralogy ; and in each, particularly the latter, made very high and honorable attain- 
ments. To his knowledge of this particular branch our Athenaeum is indebted for 
many of its valuable specimens, and for its classification and scientific arrangement. 
It was probabl'y the connection of these branches of science which he so much 
loved, with that of medicine, to which they are auxiliaries, which led him to pursue 
it as a profession. 

" Having honorably completed his education at Brunswick, he entered his name 
as a student of medicine with a distinguished physician '■* of this place, whose known 
ardor and zeal in the pursuit of science was a pledge of success to a favorite pupil. 
Being naturally endowed with a mind active, ardent, and discriminating, he pos- 
sessed every requisite for success and distinction in the profession he had chosen, 
not only from the acuteness of his discernment, his decision, and judgment, but 
from an exalted sense of integrity, and a truly humane and philanthropic disposi- 
tion. To the cultivation of the several branches of his pursuits he devoted him- 
self with the most uawavering zeal and untiring industry. Indeed, all the energies 
of his soul seemed to be consecrated to the advancement of his favorite object. 
It was in him a passion, to which everything of minor importance was compelled 
to give way. He did not thus engage, however, from mere pecuniary views of its 
importance, though these were probably estimated as they should be, of real, though 
subordinate value ; for there was nothing selfish or mercenary in his nature. No. 
He loved his profession as a science, in its nature ennobling to a diligent cultivator, 
and in its effects a blessing to mankind. He labored for principles. He believed 
with the great Rush, that medicine without principles is an humble art and a degrad- 
ing occupation ; but, connected with them, the sure road to honor, and the moral 
and intellectual elevation of character. With such just and ennobling views of the 
art, he at different periods visited the first medical schools of our country, always 
1 Professor Clevelaml, of Bowdoin College. ^ Dr. Pierrepont. 



Appendix. 



445 



acquiring something valuable to add to his stock of knowledge, and always return- 
ing with an ardor unabated for still further improvement. 

•• It might be supposed, that in a mind thus constituted, and devoted as it was to 
the discipline of severe study and abstruse investigation, that there would be but lit- 
tle opportunity for the exercise of the finer feelings of our nature. But in this 
respect he possessed a delightful harmony of character. He did not cultivate his 
understanding at the expense of his heart ; they grew up and flourished together. 
With a most atfectionate disposition there was united in him a delicacy and tender- 
ness of sensibility to the sufferings of others, which manifested itself in the most 
unwearied efforts for doing them good, and a benevolence which was limited only by 
his powers of usefulness. He was truly the friend to the sick and the destitute; 
extending to them, as opportunity offered, not only the high offices of his profession, 
but, as we have not unfrequently witnessed, the bountiful hand of kindness and 
charity. Accustomed, from his situation in life, to mingle with the most cultivated 
society, he carried into the world a love for its refined and elevated enjoyments. 
Nature, indeed, had formed him for the pleasures of friendship and of social inter- 
course ; and how much he enjoyed them, no one, who remembers his affability and 
playfulness of manner, and the happiness which beamed from every expression of 
his countenance, will ever forget. Happy himself, he made every one happy about 
him by the cheerfulness and vivacity of his disposition, and by a singularly frank, 
accessible, captivating, yet unpresuming deportment. He diffused a charm over the 
various relations and endearments of domestic life by the ardor and strength of his 
attachments, by the kindness and gentleness of his spirit, and by his indifference to 
self in his deep solicitude for the happiness and welfare of the circle with which he 
was connected. 

" The same zeal which characterized him in the medical profession distinguished 
him in everything he undertook ; ever active and ardent, and ever extending his 
influence to the promotion of human improvement. In this respect, he will be 
remembered for his generous labors, in the instruction of a class of young ladies in 
the elements of botany, and in one of our Sunday-schools, as a faithful and intelli- 
gent teacher of the principles of our holy religion ; and, as he carried into life a 
respect and reverence for its sacred institutions, so, affections so ardent and ele- 
vated, we trust, must have imbibed a portion of its benevolent spirit, and been 
warmed by its heavenly influences. 

"That a mind and heart thus cultivated, as they had already made him respected 
and beloved, would have rendered him an ornament to the medical profession — the 
messenger of mercy, indeed, to the distresses of suffering humanity, — cannot be 
doubted. Why they were not permitted to ripen into greater usefulness, and extend 
more widely their benevolent influences, is concealed from us by Him, who knoweth 
what is best for us, and we would reverently bow to this act of His inscrutable prov- 
idence. 



Appendix. 




Appendix. 



" Early the last autumn he left this place for New York, where he took up his resi- 
dence, and passed the winter under the instruction of an eminent practitioner,' in the 
most assiduous attention to his studies, and unremitted exertions for still further 
accomplishments. Believing that a large hospital would afford him still greater facil- 
ities for improvement, and for witnessing disease in its greatest variety and most 
malignant forms, he solicited the situation of assistant-surgeon at Bellevue Hospital ; 
and it is honorable to him to mention that so highly were his attainments appreci- 
ated, that from very many applications he was selected to the office. 

" During the winter an epidemic had prevailed in the hospital, which, although it 
had apparently disappeared at the time of his entrance, shortly afterwards made its 
appearance again, spreading through its crowded wards with greater severity and 
fatality than before had been known. To a young man of his warm and generous 
character, with a deep sense of responsibilit)', and a heart overflowing with sympa- 
thy, it may be easily imagined how trying and laborious must have been the situation 
in which he was placed ; and how kind, how faithful and vigilant he was in the prac- 
tice of his duties amid the appalling scenes of suffering and death, we have the tes- 
timony of his senior in office, and many a grateful heart which survived its ravages 
will ever hold his name in tender remembrance. Regardless of danger where he 
had known duties to perform, and worn down by care and anxiety in unremitted 
attempts to stay the desolation that was spreading around him, he fell a victim to a 
distemper which, though treacherous and perhaps flattering in its attack, soon devel- 
oped, in the destruction of his reason and strength, its inveterate and fatal malig- 
nancy. 

"Thus died our friend, after a few days' illness, at the early age of twenty-four, in 
the midst of life, — when the world was bright, when he had gained the confidence 
of success, and was reaping the rewards of an honorable ambition, and the faithful 
cultivation of the powers and faculties which God had given him. 

" We could have wished, if consistent with His will, that a mind so ardent and in- 
telligent, so devoted to generous e.xertion and noble enterprise, might have been 
spared to his friends and society ; but not our will, but His be done. We would not 
recall him ; we would not have had him purchased even life at the expense of his 
duties. No. He had sought the situation which proved indeed his grave, and we 
would not have had him shrunk from its dangers. To those who loved him best, as 
they fondly dwell upon the virtues of his character, how happy will be the reflection 
that his last days were passed in endeavoring to soften the pillow of distress in ad- 
ministering to the wants of the sick and the dying. And O, how consoling the 
thought that he died in the cause of suffering humanity ; that he died at the post of 
his duties ! It may be, too, that his work accomplished, his duties done, in the faith- 
ful improvement of mind and development of character, he is wanted in a nobler 
sphere of existence for nobler purposes, and for still higher advancement. It may 

' Dr. Delafielcl. 



Appendix. 



be he has been nitrciUilly removed from impemliiig woe, from disappointments and 
sorrows, which would have damped his ardor and ruined his peace. It is certain 
that the event, however afflicting it may be, is the allotment of infinite goodness and 
of unerring wisdom." 

JA.MES JEREMI.MI xM.ASOX. 

Jamks JK.RiMiAii Masi>.v, the third son of Mr. Mason, was born in Portsmouth, 
N. H., June 13, 1S06. His early education was mainly in his father's house, under 
the direction of Mr. Stephen Kales, a graduate of Harvard College, who came into 
Mr. Mason's family to superintend the education of his two sons, Alfred and James, 
iiul at the same time pursue the study of law in Mr. Mason's office. 

.After a preparation of a few years of this kind, they both went to Exeter 
Academy, and on completing the usual term at that institution, Alfred entered 
Bowdoin College, and James, who had chosen a mercantile career, entered the 
counting-room of Messrs. James VV. I'aigc & Co. of Boston, then extensively en- 
gaged in the importing business and subsequently so well known as the agents of 
some of our most important manufacturing companies. 

On his attaining his majority, James entered into business in Boston on his own 
a' ' <n called to New York by advantageous offers to go into the 

I' . -^ in that larger field of enterprise, and the prospects held out to 

him were of so promising a kind, that he decided to yield his preference for a resi- 
dence in Boston and remove to the great emporium of business. 

His father's family had not then come to Boston to reside, and he therefore was 
not held by all the strong ties of family atTection which e.xisted at a later period, but 
still by his kind and genial manners, and more by the noble and endearing qualities 
of his character, he had won so many warm and devoted friends, that it became a 
hard struggle to make up his mind to part with them. Fortunately he was not des- 
tined long to be separated from them. 

The eminent house in which he commenced his career as a clerk, then composed 
of Mr. James \V. Paige and Mr. Nathan Appleton, had received impressions so fa- 
vorable to his capacity and his integrity of character while in a subordinate position 
in their house and from observation of his conduct in New York, that they soon sent 
for him to return and become a partner with them. This was a flattering apprecia- 
tion of his ability and his power of usefulness ; for in those days the standard by 
which men were judged was much higher than prevails now, and no doubtful or am- 
biguous traits were overlooked in the estimate. Close and constant attention to 
business was then expected and required. The amount of work performed by men 
in mercantile pursuits, of the class now specially referred to, was greater than in 
the»e days. The difference in the manner of doing business and the magnitude of 
the transactions m.iy in a measure explain the necessity for some divergence from 



447 



Appendix. 



448 



Appendix. 



Appendix. 



the old system, but no amelioration of the rules of business should dispense with 
habits of close attention to the interests entrusted to agents, who should feel a 
responsibility as trustees of the property and interests of others, which justifies no 
neglect. 'W'e have witnessed so much and suffered so severely in these late days by 
unfaithful and dishonest agents, that we may well regret the disregard of the high 
standard required in business men which prevailed formerly. 

In these new relations James bore himself with conspicuous crfedit, increasing and 
retaining his hold upon the respect of the community without interruption to the 
close of his life. His residence in New York, though short, opened a new field of 
observation and for the enlargement of his knowledge of affairs which he did not 
fail to use to the best advantage. Thus the experience and the acquaintance he 
gained by this change, at first so reluctantly made, proved very beneficial in his after 
life and fitted him the better for the new relations which he was to undertake. 

He was married January 22, 1835, to Elizabeth Frances Thorndike, daughter of 
the late Israel Thorndike of Boston. He did not survive his marriage many months. 
With his wife and a party of ladies he proceeded on a journey to Virginia in the 
spring of 1S35, where he contracted a fever, which developed on his return to Bos- 
ton after some weeks, and ended in his death June 13, 1835, aged 29 years. 

His character was one of great amiability, gentleness, and purity. Few young 
men have attained so high a degree of respect among his contemporaries, for his 
excellent attainments, his unquestioned integrity, and those qualities of mind which 
with a pleasing bearing, commanded the love and esteem of all. He was uncom- 
monly devoted and affectionate in the family circle, and a great favorite in the 
society in which he moved. He had no extravagances or vices, and in these particu- 
lars he never gave his parents or his friends a moment's uneasiness. He had the 
confidence of older men and especially in his business connections to. a remarkable 
degree. His manners were courteous and winning, carrying confidence in his face 
and in his words ; attractions the power of which all know how to value ; and to 
these qualities so useful in the daily life of all who desire to gain the esteem of 
their fellow-men he owed very much the commanding influence which he attained 
among those with whom his connection was intimate during his business career. 

The writer of this notice, though with a partial eye probably, looks back now 
after this long period since his death, and with a not small experience of men, upon 
the life and character of James J. Mason with new and increasing admiration. 



CHARLES MASON. 

The following memoir of this amiable and excellent man, and faithful and de- 
voted pastor, written by his friend the Rev. Andrew P. Peabody, D. D., first appeared 



Appendix. 



449 



in the " Proceedings of the Massachusetts Historical Society," 1863-64. It was 
reprinted, with some additions, in a volume of Mr. Mason's " Parochial Sermons," 
published in 1865 : — 

"The Rev. Charles Mason was born in Portsmouth, New Hampshire, July zsth, 
18 1 2. His early education was conducted under the choicest home influences, both 
intellectual and moral. He inherited from his father a judicial cast of mind, habits 
of careful and accurate thought, and the tendency to form opinions on the deliberate 
weighing of argument and evidence ; while his mother's simplicity, modesty, and 
tenderness were happily blended in his boyhood with the attributes that gave presage 
of a genuine and self-sustaining manliness. 

" About the time when he would have entered college, he was seized with a danger- 
ous illness,' — the same disease that terminated his life, after an interval of thirty five 
years of almost uninterrupted health ; and for several months he was so feeble that 
the care and comfort of his home were deemed essential to his entire restoration. 
His father's library became his study and his recitation-room ; and here his consci- 
entious diligence and fidelity, his maturity of judgment, his frankness, probity, and 
purity of character, gave full promise of all that he became in subsequent years. 
Seldom can there have been, at so early an age, so symmetrical a development. 
The recent death of an elder brother, of distinguished ability and excellence, had 
impressed him deeply, and combined with the religious instructions of his childhood 
to form that profound, yet cheerful seriousness which was hardly less the character- 
istic of his boyhood than of his riper years. 

" At the commencement of the summer term of 1829, he entered the freshman 
class at Harvard. Here he assumed and maintained a high rank as a scholar, 
though with but little ambition for college honors. His aim was to satisfy his own 
conscience by the faithful discharge of every duty, rather than to acquire a brilliant 
reputation. He brought to his classical studies a discriminating taste; and in these, 
as also in metaphysical and moral science, he manifested a peculiar aptitude and 
proficiency. His choice of the Hebrew language as an elective study indicated his 
future profession ; and in this department he, with several of the brightest and best 
among his classmates, came under the tuition of the writer. In this little class were 
destined ministers of several different denominations, — Unitarian, Methodist, Bap- 
tist, Episcopal, — their teacher at the same time a theological student ; and the reci- 
tation-hour was often prolonged in friendly discussion of the great themes on which 
their views were so widely diverse, though with entire community and harmony of 
aim and spirit. 

"In these conferences. Mason bore his part with the firmness of settled conviction, 
but with a meekness, gentleness, and modesty whlth commanded the respect of the 
whole circle for himself and for the church of which he was the sole representative 
among them. The college course, though covering ostensibly nearly the same 

' Typhoid Fever. 
57 



.\PPENI)IX. 



Appendix. | ground as at present (including, indeed, a larger minimum in the mathematical and 
classical departments), made a much less heavy draft upon the time and labor of a 
good scholar than it does now ; and Mason availed himself of his leisure hours for 
the perusal of the best authors, particularly of those early English classics which 
were his favorite reading through life, and which exercised a marked influence in the 
formation of his style. 

" He was graduated with honor in 1832, and spent the following year at his father's 
residence in Boston, in the study of the Greek and Latin classics and in theological 
reading. In the autumn of 1833 he entered the Andover Theological Seminary, 
' in order to make himself better acquainted with the views of those who differed 
from the Church, and to be ably versed in the Hebrew language and Biblical learn- 
ing, then so well understood at Andover." The two following years were spent at 
the General Theological Seminary of the Episcopal Church in New York ; and, at 
the close of this term, he was ordained deacon by the venerable Bishop Griswold. 
In September, 1836, he was invited to become the Rector of Christ Church, Cam- 
bridge, but declined the invitation, in order to secure an added period for profes- 
sional study. 

" On the 1st of May, 1837, he was instituted Rector of St. Peter's Church, Salem ; 
and retained that charge for ten years, interrupted only by a European tour of a few 
months, at a time when health, somewhat enfeebled, rendered an interval of relaxa- 
tion necessary. His ministry in Salem was eminently successful, both as regarded 
the external growth and the spiritual prosperity of his church. ' Few men, in the 
course of a ministry of ten years, have ever made so deep an impression upon the 
respect and affection of any people, as that which was made by Mr. Mason upon 
young and old in the parish of St. Peter's. Succeeding such men as Bishop Gris- 
wold and Dr. Vaughan, it was a matter of grateful surprise to them to find him e.\- 
hibitingj even in youth, so much of the meekness of wisdom that had characterized 
those beloved rectors.' Assiduous in his own field of labor, prompt, judicious, and 
persevering in all the offices of a Christian citizen, active in the administration of 
all local charities, courteous and kind in his intercourse with the ministers and mem- 
bers of other communions, he left not only a cherished place in the hearts of his 
parishioners, but a hardly less fond regard and enduring memory in the whole com- 
munity. 

" Domestic reasons, and especially the desire to minister to his father's relief and 
comfort in the growing infirmity of his advanced age, were among his strong induce- 
ments to resign a charge, which was relinquished only with mutual regret and under 
a controlling sense of higher duty. In 1847 he became Rector of Grace Church, 
Boston ; and the residue of his life was consecrated, with single-hearted zeal and 
diligence, to the duties of that office, and to the various and numerous departments 
of charity and philanthropy which demand the advocacy and effort of a Christian 
minister worthy of the name. ' The evidence of his usefulness is not only here, but 



Appendix. 



451 



in all the region round about. Like the seed-cup blown from the tree, that takes 
root in a.ljoinin;,' gardens, so the constant outflow of migration hence has scattered 
the members of this parish into various churches of the neighborhood. For the last 
fourteen years, scores upon scores, drawn together by his influence, have trans- 
planted, as it were, into other and separate tields, his pastoral culture. In this cure 
he exerted himself, even to the last, with a consecration of gifts, with an oblivious- 
ness of adventitious advantages, with a constancy to his post, with a patient pur- 
pose, and an untiring love, that realized the pattern of the true servant of Christ.' 
His professional work, from the time of his settlement here until his last sickness, 
was suspended only for a second and more prolonged European tour in 1858, in 
which he was accompanied by a part of his family. 

" His labors in Boston far exceeded the limits of his parochial charge. ' He was 
long a member of the standing committee of the diocese, and a prominent member 
of all its ecclesiastical and missionary councils, in all of which his genial presence 
is deeply missed. His social position, his excellent judgment, his sound, clear, and 
faithful preaching, his consistent Christian char.acter, and his judicious and unfail- 
ing liberality, made his influence to be widely felt beyond the range of his own par- 
ish." ' Whatever labor his circumstances might have relieved him from, they were 
never suffered to relieve him from a patient and sympathizing care of the poor, the 
sick, and the ignorant. He was one of the first to arrange a systematic visitation 
of the needy under the care of the rectors of Boston, and he carried it out in that 
part of the city geographically allotted to Grace Church parish.' At an early period 
of his residence in this city he associated himself with the principal founders of the 
association for the amelioration of the condition of the friendless poor, which is still 
among the most actively beneficent institutions in our community.' When this 
agency was efficiently organized, he turned his attention to the neglected children of 
the city. For some years he connected missionary operations in their behalf with 
the charities of his own parish, enlisting the cooperation of benevolent persons 
among his parishioners. In 1853 he hired rooms for the reception of these suffer- 
ing children, and employed a female missionary to aid him in his endeavors to min- 
ister to their physical comfort and their moral and spiritual well-being. In 1855 his 
efforts had been so successful, and had become so extensively known, that the larger 
public were prepared to second him in providing a permanent asylum for the objects 
of his charity ; and the Church Home for Orphan and Destitute Children was estab- 
lished. It is impossible to estimate the extended and enduring good resulting to its 
beneficiaries, and to the whole community, from an institution of this class, in which 
children who would otherwise grow up in ignorance and vice are made the objects of 
a parental kindness, placed under the highest religious influence, and prepared for 
useful and respectable positions in life. 

"These special services, by introducing him to the poor as their devoted friend, 

' The Boston Provident Association. 



AppENni.x. 



452 



Al TENDIX. 



Appendix. 



rendered him emphatically their minister. At all seasons, and in every way in which 
he could promote their good, he made himself accessible to their calls, familiar with 
their homes, and conversant with their needs. He forgot not that the preaching of 
the gospel to the poor was among the foremost of the prophetic designations of the 
Christian era ; and no minister of Christ can ever have laid more solemn and in- 
tense emphasis than he did on this essential portion of his sacred calling. Nowhere, 
except in the hearts of his own household, can he have left so long and dear a re- 
membrance as in the obscure, needy, and suffering homes in which he so lovingly 
ministered, and in which he so often saved the stricken from despair, and rescued 
the tempted from ruin. 

" We need not say that such a life was a happy life. None enjoyed more than he, 
or contributed more generously to the joy of others. He had a sunny temper, was 
accessible to all the brighter scenes and aspects of nature and of life, and had the 
warmest sympathy with childhood and mirth, with everything glad and beautiful, 
with all that is genial in art and taste and the refinements of social culture. The 
fountain of youth, drawn from, it might seem, too sparingly in his grave and thought- 
ful boyhood, remained unwasted, full, and clear to the very last week of his life ; he 
became young again with his children ; and in the ripe maturity of years, and under 
the weight of thronging cares and duties, he manifested even more buoyancy of 
spirit than before the responsibilities of life rested heavily upon him. Dignity and 
modesty were so evenly balanced, that we could not say which preponderated. 'In- 
genuousness was strongly delineated on his features and manners, and he was ut- 
terly incapable of hypocrisy or deceit.' The most delicate courtesy governed him in 
all the relations of life. His was the politeness, based on the golden rule of the 
Gospel, which cannot say or do that to another which it would not have said or done 
in return. He could be severe against falsehood, wrong, or evil ; but no provoca- 
tion could betray him into personal invective or abuse, or make him otherwise than 
kind, even to those from whom he dissented the most widely, or whom he held in 
the lowest esteem. ' Those who knew him best, knew him as a skillful master of the 
art of reconciliation. He had both a disposition and a genius for this office of medi- 
ation. He had the rare ability to come quietly between separated parties without 
exasperating or irritating the one or the other. 

'" His mental action was distinguished by precision, justness,and accuracy. Neither 
emotion, prejudice, nor enthusiasm suppressed or distorted the judicial faculty. His 
strong, yet thoroughly disciplined feelings received law from his intellect, instead of 
sweeping it into their channel ; and they were both profound and quiet, because they 
flowed from well-grounded belief and thorough conviction ; while nnreasoning emo- 
tion may roll in a torrent to-day, and be dry to-morrow. His mind thus had a con- 
tinuous growth and a symmetrical development ; and, to those who saw him only at 
somewhat distant intervals, he seemed more and richer at every interview. 

" ' He had more taste than fancy. With a strongly marked individuality, he indulged 



Appendix. 



in no eccentricities of speculation or utterance. A severely discriminating judg- 
ment, conformed to the highest standards, repressed all wayward tendencies of 
thought, and made his opinions always worthy of respect and deference. His learn- 
ing was at once extensive and thorough. .\ merited testimony to his reputation as 
a divine was paid to him by his .Alma Mater in the degree of Doctor of Divinity, 
conferred on him in 1S5S, — a degree which he received in the same year from 
Trinity College, Hartford- He was especially conversant with the writings of the 
Christian Fathers, and of the early theologians of the English Church. In litera- 
ture he was most familiar with the best authors, particularly with the ancient clas- 
sics, and with the English writers of the Elizabethan age. He was greatly inter- 
ested in legal subjects, and, particularly in the latter part of his life, had instituted 
special stutlies in that department, with reference to an important ecclesiastical suit 
then and still pending. In historical pursuits, we found him a prompt and cordial 
helf)er in the deliberations of this Society, from whose meetings he was seldom ab- 
sent, and whose aims had his warm and constant sympathy and furtherance. Sev- 
eral of his discourses were published, by request, from time to time, besides various 
articles in religious and other periodicals, which often appeared without the author's 
name. His style as a writer was severely chaste and accurate ; seldom impassioned, 
never dull ; rhythmical, f)ointed ; elaborate without being involved ; adapted, per- 
haps, to the eye, rather than to the ear. His aim seemed to be the statement rather 
than the enforcement of the truth. He appealed to the judgment, rather than to 
feeling or imagination. Indeed, his method of composition was conformed rather 
to the more exacting standards of an earlier generation than to a time like the pres- 
ent, when sensational writing, preaching, and oratory can override with impunity all 
the barriers of taste, and even of reverence and decency. 

'"Though his distinguishing characteristic might not be what the world calls elo- 
quence, yet he was distinguished for something better, — a boldness in defending 
the doctrines of the Gospel, a love of Christ, as the dearest of all themes, an all- 
absorbing interest in the .salvation of the souls of men, thorough Scriptural knowl- 
edge, persuasive language, directness of appeal, simplicity of expression, with a 
humble and natural manner.' 

"Thoroughly a Churchman by conviction, taste, and sympathy, he was still more 
profoundly a Christian ; and while he never swerved from loyalty to his own church, 
his relations with clergymen and Christians of other communions were cordial and 
intimate ; and, to all who knew him, he seemed a single hearted, close, and earnest 
follower of his Saviour, loving all who loved the Lord, living only to do the Lord's 
work, and, diligent as he was in every form of Christian activity, yet performing a 
still larger and nobler service by an example and influence which made piety beau- 
tiful, lovely, and attractive. 

" Mr. Mason's domestic life, except for the shadow of one great grief, was singularly 
happy. On the nth of June, 1837, he married Susanna, daughter of the late Amos 



453 



Appendix. 



454 



Appendix. 



Appendix. 



Lawrence, with whose family he was already intimately connected. Mrs. Mason 
closely resembled her father in the traits of character which rendered him unosten- 
tatious, as he was one of the truly illustrious men of his time. She made her home 
happy, and a centre of hospitality and benignant influence. With a rare grace, 
beauty, and attractiveness of mien and manner she united qualities that won the 
enduring respect and affection of all whose privilege it was to know her. She died, 
deeply lamented, on the 2d of December, 1844, leaving three daughters and one 
son. 

" On the Qtii of August, 1849, Mr. Mason was married to Anna Huntington, daugh- 
ter of the late Hon. Jonathan H. Lyman, of Northampton, a distinguished lawyer 
and a man of eminent ability and worth, who had been cut off midway on a success- 
ful and honored career of professional and public life. By this marriage he had 
another son and two daughters. Thenceforward few can have had so much enjoy- 
ment as he in all domestic and social aspects and relations, ' clouded, it is true, 
from time to time, by the loss of those most dear.' The death of another brother, 
and, in later years, of his beloved and honored father and mother, and again, but 
three years before his own death, that of an elder sister, whose personal devotion to 
him and unwavering sympathy in every professional and social duty had been to him 
a source of great strength, and were held in ever grateful remembrance to the very 
close of his life, — all these events cast their deep shadows over his pathway. But 
no one ever lived with a happier assurance of the ' communion of saints,' or a more 
constant remembrance of heaven as our home. In his own words, 'the journey 
thither is by a pleasant wayside, but the happiest journey of all will be when that of 
life is 'over.' 

" Cultivating ever this cheerful faith, he worked on under all such bereavement and 
sorrow, ' praying so to be assisted with God's grace as to continue in holy fellowship 
with all the members incorporate in the mystical body of the Son, and to do all such 
good works as are prepared for us to walk in,' believing that ' we, with all those 
departed in the true faith of His holy name, shall have our perfect consummation 
and bliss, both in body and soul, in His eternal and everlasting glory, through Jesus 
Christ our Lord.' 

"Late in the winter of 1862, Dr. Mason made a brief and rapid journey to Wash- 
ington ; and returned, as he supposed, suffering under unusual and extreme weari- 
ness. He, however, seemed to recover from his fatigue, and, after a few d.iys, re- 
sumed his duties, apparently in perfect health. But within a few weeks, symptoms 
of alarming disease were developed, and typhoid fever set in. While his conscious- 
ness remained unimpaired, he manifested, under great depression and pain, the 
serenity, self-forgetfulness, and kind consideration for those around him, which had 
characterized him through life. He knew that he was very ill ; but, before he had 
been made aware of the extremity of his danger, — indeed, while his physicians and 
friends still cherished some hope of his restoration, — he sank into painless dissolu- 



Appendix. 



tion on the morning of Sunday, March 23d, 1862. Funeral services were held at 
Grace Church on the following Wednesday, and the Bishop of the Diocese delivered 
an address commemorative of Dr. Mason's character and life, which was followed, 
at a meeting of the clergy immediately after the ser\ices, by another from his early 
friend and earliest pastor, the Kev. Dr. Burroughs, of Portsmouth." 



SURVIVING CHILDREN. 

The surviving children of Jeremiah Mason are three in number, — Miss Jane 
Mason, Robert Means Mason, and Mrs. Marianne Ellison, wife of Commodore 
Francis B. Ellison, U. S. N. 'I'hey all reside in Boston. 

Robert Me.\ns Mason was married December 4th, 1843, to Sarah Ellen Francis, 
who died September 27th, 1865. They had six children, of whom three are living, 
— Bessie, wife of Robert Charles Winthrop, Jr. ; Ellen Francis Mason, and Ida 
Means Mason. 

Alfred, born 15th March, 1850; died 12th February, 1852. 

Anna Francis, born i8ih Januar)', 1852 ; died 2d November, i860. 

Clara Thorndike, born 26th February, 1854 ; died 23d September, i868. 

.Marianne Mason, now Mrs. Ellison, was married June 5, 1838, to Royal A. 
Crafts, who died May 25, 1864. They had two children, — James Mason Crafts, 
Professor of Chemistry in the Massachusetts Institute of Technology, and Mary 
Elizabeth Crafts. 

The children of Charles Mason are all living, — Susan, wife of Dr. F. E. Oliver ; 
Amos Lawrence ; Sarah, wife of Dr. Hasket Derby ; Mary, wife of Howard Stock- 
ton J Anna Sophia Lyman, Charles Jeremiah, and Harriet Sargent Mason. 



455 



Appendix. 



I \ I) E X. 



INDEX. 



Adams, John Quincy, 148, 149, ::oo, ;io. 

212, 269. 277, 281, 291. 293. 297, 302. 

3'7.3'9- 
Adams, Mrs. J. Q., 191, 200. 
Addison, Rov. Mr., 99. 
Admiralty Jurisdiction, 183, 185. 
Admission at Yale, 7. 
Admission to the Bar, ji. 
Admission to N. H. Bar, 23. 
Amelia Island, 177, 189. 
Ames, I'isher, 36. 402. 
Anecdote of Siinilay Travel, 417. 
Anti-Masonic Party, 357. 
Appleton, Rev. Jesse, 1). D., 48, 63, 135. 

218, 229. 433. See Letters. 
Appleton, Mary, 99. 
Appleton, Mrs.. 229. 
Appleton, Nathan, 447. 
Argument in Dartmouih College Case, 

171. 
Ashburton Treaty, 365, 366. 
Attorney General, 42, 403. 
Autobiography, i. 
Avery Trial, 369. 

Bagot, Mr. and Mrs., 140. 216. 

Baldwin, Mr., 15, 17. 402. 

Bank Bill, 113, 114, 115, 116, 137, 139, 

141. 
Banks and the Currency, 122. 



Bank of U. S., 123, 208, 213, 215, 227. 

322. 430. 
Bankrupt Bill, 18S. 192, 196, 214, 301. 
Barbour, Mr., 200. 
Barstow, George, 53. 
Bartlelt, Ichabod, 424. 
Battle of Lexington, 4. 
Battle of New Orleans, 116, iiS. 
Bayard, Mr., 81. 
B.iylies, William, 244. 
Itcll, Governor, 304, 308, 331. 
Biddle, Mr., 326. 
Bigelow. Timothy. 406. 
Binney, Horace, 326. 
Blake, Francis, 87. 
lilake, George, 67. 
Blake, Mrs. George, 68. 
Blake, John ^V^, 32. 
Bliss, George, 244. 
Bonaparte, Mrs. Jerome, 69, 75, 78. 
Boston Provident Association, 451. 
Boston Town Meeting, 34. 
Bradley, Stephen Rowe, 18, 20, 22. 402. 
Branch Bank at Portsmouth, 321, 430. 
Brick School-house, 6, 39. 
British West Indies, 266. 
Brooks, Governor, 187, 211, 236. 
Burr, ,\aron, 14, 37. 
Burroughs, Rev. Dr., 455. 
Butterfield, Erasmus, 25. 



Index. 



460 


Index. 


Index. 


Cabinet Appointments, 148, 149, 297. 


Courts of the United States, 278. 




Calhoun, 143, 274, 277, 281. 301, 362. 


Crafts, James Mason, 455. 




Calvert, Mr., 142. 


Crafts, Mary Elizabeth, 455. 




Cambridge College, 24. 


Crafts. Royal A., 455. 




Campbell, Hon. G. \\\, 59, 85. 


Crawford, Mr., 138, 148, 149, 156, 179, 




Candidate for the Senate, 293. 


266, 269, 276, 281, 289, 291, 297. 




Capture of Washington City, 94, 95. 


Cutts, Hon. Charles, 53, 55. 




Case of the Argonaut, 311, 314. 317. 


Cutts, C. (Secretary of Senate), 101. 




Case of De Lovio v. Boit et al., 185. 


Cutts, Edward, 10 1. 




Case of La Jeune Eugenie, 260, 263. 


. 




Champney, Judge, 23. 


Daggett, David, 173. 180, 190. 




Chancery Jurisdiction of N. H. Su- 


Dallas, 120. 




preme Court, 255. 


Dartmouth College v. Woodward, 168- 




Channing, Mr. Tutor, 9, 10. 


172, 221, 223. 




Chapin, Rev. Dr., 12. 


Daveis, C. S., 317. 




Charges against Mr. Crawford, 289. 


Dearborn, General, 82. 




Charles River Bridge Case, 335. 336. 


Death, 376. 




Chauncey, Mr. and Mrs., 67. 


Death of Dr. Appleton, 22S, 229. 




Cheever, Dr., 443. 


Death of Robert Means Lawrence, 368, 




Chipman. Judge Nathaniel, 22. 


439- 




Choice of a Profession, 12, 13. 


Death of Alfred Mason, 322. 




Church Home for Orphan and Destitute 


Death of George Mason, 434. 




Children, 437, 451. 


Death of James Jeremiah Mason. 358. 




Circuit Courts of U. S., 278. 


Death of Mr. Webster's Children. 373. 




Clarke, John J., 384. 


Death of Judge Story's Daughter, 332. 




Clay, Henry, 144. 178, 269, 275. 281, 


Dedication by Judge Story, 418. 




288. 297, 357, 363. 


Delafield, Dr., 442, 446. 




Cleveland. Prof. 441. 444. 


Democratic Nomination for President, 




Clinton, Mr., 179. 273, 274. 


137- 138- 




Coffin, Dr., 52, 433. 


Democratic Party, 94, 124, 139, 245, 




Coleman, William, 32. 


325- ■ 




College Rebellion, 12. 


Dennie. Joseph, 30. 




Committee Labors, 64, 249, 255. 


Derby, Dr. Hasket, 455. 




Common Pleas, 21, 23, 25, 41. 


Derb)-, Mr. and Mrs. Richard, 87. 




Compensation of Members of Congress, 


De.xter, Mr., J34. 




126, 136. 


De.xter, Samuel. 41, 406. 




Comstock, Mr., 108. 


Diary of Mary ^Lison. 368. 374. 437,441. 




Conduct of Causes, 387. 


Discomforts of Travel, 55, 57, 68. 




Conscription, Speech on, 102. 


Dissatisfaction, 37. 




Conversational Powers, 347. 


Dissolution of the Union, 89. 




Copperthwaite, Mr., 331. 






Correspondence in Declining Life, 349. 


Eagle Tavern, Albany, 14. 



Index. 



461 



Early Kducation, 5. 

Eastman, Mr., 293. 

Education of Children, 79. 135. 

Edwards, Ninian, 289. 

Edwards. I'ierpont, 12. 17. 

Election to Legislature. 245. 

Election to U. S. Senate. 54. 

Ellis. Rev. G. E.. 39. 

Ellison, Commodore Erancis I!.. 455. 

Ellison, Mrs. .Marianne, 455, 

Ely, Rev. Ezra Stiles. 40. 

Ely. Rev. Zebulon. 39. 

Embargo Act. 70. 73. 78. 

Eminence .as a Lawyer. 37S. 

English Sentiment. 80. 

Enters Mr. I>aldwin's Office. 15. 

Eppes, Mr., 200. 

Errors of Massachusetts. 247. 24.S. 

Eulogy u[)on .\lfred Mason, 443. 

Eustis, Ur., 270. 

Everett. Edward, 421. 

Kales, Stephen, 447. 

Family and Descendants. 431. 

Family in 1817, 167. 

Farm at Westmoreland. 24. 27. 



•• Farmer's Museum." 31. 
P"ather. 2. 3. 10. 401. 
Federal P.irty, 52, 53, 54, 62, 124, 148, 
156, i3o, 197, 211, 270, 282, 308, 

38';. 390- 
Female Educatiorr. 97. 
" Field Marshal of Federal Editors,"' 32. 
First Cause argued and won, 20. 
First Speech in Senate, 61. 
Fitch, Elizabeth, 401. 
Fitch. James. 2, 13, 400. 
Fitch, Mrs., 6, 7. 
Fitch, Tutor ( ['resident). 1 1. 
Florida, 217, 218, 220, 241. 
Foreign Politics, 195, 198. 
Fourteenth Congress, 124, 143. 



Francis. Sarah Ellen, 455. 
Freeman, Peyton Randolph, 429. 
Freemasons, 25. 
Freshman at Yale. 8. 
Friendship with Mr. Webster, 43. 

Gallatin. Secretary. 63. 72. 82, S3, 216. 

Geometry. 131. 

Gerry. Vice President. 107. 

Giles. Mr., 36. 

Giles. Senator, of Va.. 59. 

Gilman. Governor. 35. 

Gilman. Hon. Nicholas, 52. 55. 

Goddard. Dr. John. 54. 

Goodrich. Charles 15.. 428. 

Gore. Hon. Christopher, of Masst. 59. 

74. 78. 134. 207. See Letters. 
Goshen. Land in. 2. 401. 
Grandfather, Maternal, 2. 
Grandfather. Paternal, i. 
Griffin, Rev. Dr., 52. 

Habit of asking Questions. 347. 371. 426. 

Habits of Life. 167. 

H.ackelt, Wm. H. Y., 294. 

Hall. Judge Lot. 20. 

Hall. Joseph, 34. 

Hamilton, General, 14. 32. 

Harper, Mr., 146. 

Harrison. General. 67. 72. 91. 

Hartford Convention. 106, 160. 237. 240, 

270. 330- 

Haven, Nat. A., jun., 2S5. 2S6, 2SS. 

Hill. Isa,ic. 305, 325. 

Hoar. Mr.. 384. 
I Hobart. Bishop, 67. 

Holmes. John, iSo. 

House at Portsmouth, 166, 167. 
I Humility, 426. 

; Importance of Good Handwriting. 129. 



IXDE.X. 



462 



Index. 



Index. Importance of Religion to AVomen. iii. 

Impressions of Washington, 61. 
Incliiquin, 190. 
Inclination for the Law, 12. 

Jackson's Court Martial, 209, 210, 212. 
Jackson Debate, 214. 
Jackson, Judge, 271, 277. 
Jay's Treaty, 34, 36. 
Jackson, President, 325, 339, 357, 363. 
Jefierson, President, 52, 173, 250, 416. 
Journey to Rhineland, 438. 
Journey to Washington, 55, 66. 
Judicial Power of the U. S., 256,268, 279. 
Judiciary Establishment, 185. 
Judiciary of New Hampshire, 249. 
Justice's Courts, 20. 

Kent, Chancellor, 14, 263. 272, 416. 

Kentucky Elections, 319. 

Kentucky Horse Act, 145. 

King, Hon. Rufus, of New York, 59. 74, 

78, 81, 107, 109, 134, 237, 265, 299, 

303. See Letters. 
Kirby, Ephraim. 37. 

Ladd, Mr. ,\., 1 14. 

Lansing, Chancellor, 14. 

Last Illness, 374. 

Law Club, 372. 

Lawrence, Abbott, 339, 340. 343, 365. 

Lawrence, Amos, 343, 368. 

Lawrence, W. R., 422. 

Law Reports, 261. 

Law School of Judge Reeve, 13. 

Law Trials, New Haven, 12. 

Lawyers in Connecticut, 17. 

Lawyers in Vermont, 18. 

Lear, Colonel and Mrs., iii. 

Lebanon, 39, 40, 401. 

Lebanon, First Parish, 7. 

Lee, Gov. Henry, of Va., 34. 



Legislature and the Courts. 26. 
Loring, C. G., 372. 

Letters from — 

Rev. Jesse Appleton, D. D., 224, 226. 
David Daggett, 180, 190. 
Edward Everett, 421. 
Charles B. Goodrich, 428. 
Christopher Gore, 120, 158, 173, 197. 

210, 232, 235, 237, 248, 283. 
RufusKing, 122, 161,175,179,203, 206, 

214, 220, 241, 243, 248, 268, 289, 300. 
William R. Lawrence, 422. 
Charles G. Loring, 372. 
Rev. J. H. Morison, 424. 
Professor A. S. Packard, 420. 
William Plumer, 152. 
W. Plumer, Jr., 421. 
Rev. J. S. Stone, 427. 
Joseph Story, 183, 263, 246, 306. 315, 

33i> 332»333' 335^ 3361 363- 

Charles Sumner, 420. 

George Ticknor, 365, 419. 

Daniel AVebster, 213, 218, 221, 222, 
227, 244, 246, 258, 265, 274, 275, 
281, 288, 290, 297, 298, 300, 303, 
304, 318, 321, 327, 330, 340, 352, 

355' 357. 362, 365- 367, 373- 
Letters to — 

Rev. Jesse Appleton, 48, 63, 70, 80, 

89, 104, 163, 174, 226. 
Mrs. Appleton, 229. 
Christopher Gore, 147, 148, 157, 178, 

188, 196, 211, 233, 236, 238, 270. 
Rufus King, 144, 159, 176, 187, 200, 

205, 207,212, 223. 231, 239, 245, 

266, 286, 299. 
James J. Mason, 151. 
Members of Mr. Mason's Family after 

his Death, 419. 
Miss Maiy E. Mason, 97, 98. in, 117, 

129, 131, 146, 150, 202. 



Inde 



X. 



463 



Mrs. Mason, 55, 57, Oo, 61, 65. 66, 67, 
68.69,74.75.76,77.78,83,85,86, 
87, 88, 91, 92, 95, 96, 99, loo, loi, 
102, 103, 108, 109, 1 10, 112-116, 
m8, 119, 127, 129, 131, 132, 133, 

«34. «35' "36. 137- «3S. 139' Mo. 

141, 142, 419, 420, 421. 
R. -M. Mason, 422, 424, 427. 42S. 
\Villi.-im riumer, 152. 
Joseph Story, 182, 1S5, 22S, 230. 259, 

260, 272, 273, 284, 307, 313, 317, 

III- 335- 
George Ticknor, 358, 364. 
Daniel Webster, 278, 286, 308, 309, 

312, 319, 328, 330, 337, 350, 354, 

366. 
Livermore, Kdward St. Loe, 37. 
Livermore, Judge. 29. 
Livingston. .Mr. and -Mrs., 74. 
Lord, John I'., 45. 
Longevity, 2, 401. 
Lyman, Jonathan II., 454. 

Madison, Mrs., 69, 77, 95, 99, 137. 

Madison, President, 60, 69, 72. Si, 99. 

March, Charles, 442. 

Marriage, 42. 

Marsh. Charles, 1 7. 

Marsh, Judge, 17. 

Marsh, Miss., 85. 

Marshall, Judge, 31, 172.306. 313. 

Mason, Alfred, 129, 131, 151. 322,433, 

44>. 447- 
Character, 445. 
Education, 441, 443. 
Eulogy, by. Dr. Cheever, 443. 
Medical Studies, 442, 444. 
Partiality for Natural Science. 441. 

443- 
Sickness and Death, 332,442, 446. 
Mason, Alfred (2d), 455. 
Mason, Amos Lawrence, 455. 



iMason, Anna Francis, 455. 
Mason, Anna Sophia, 455. 
Mason, Rev. Charles, D. D., 97, 343, 

374. 375' 433' 438' 448' 455- 
College Course, 449. 
Domestic Life, 453. 
F^arly Education, 449. 
Hebrew Class. 449. 
Labors and Influence in Boston. 451. 
Mental Action, 452. 
Rector of Grace Church, T5oston. 450. 
Rector of St. Peter's Church, Salem, 

450- 

Sickness and Death, 454. 

Sunny Temper, 452. 

Theological Studies, 450. 
Mason, Mrs. Charles, 438. 454. 
Mason, Charles Jeremiah, 455. 
Mason, Clara Thorndike. 455. 
Mason. Daniel, 39. 
Mason, Ellen Francis, 455. 
Mason. General (of Va.), 76. 
Mason, George Means, loi, 113, 227, 

273-375' 433- 

College Course, 433. 

Death, 434. 

I'.arly Studies, 433. 

Journey to Ohio, 434. 

Legal Studies, 434. 

Mental Character, 434. 
Mason, Harriet Sargent, 455. 
Mason, Ida Means, 455. 
Mason, James Fitch, 3, 6. 
Mason, James Jeremiah, 97, iii, 129, 

'31' i5i'343' 358' 433- 44i- 
Cliaracter, 448. 

Commences Business in Boston. 447. 
Death, 35S, 44S. 
Early Education, 447. 
House of J. W. Paige & Co., 447. 
Marriage, 448. 
Removal to N. Y., 447. 



Index. 



464 

In-dex. 


Index. 


Mason,' Miss Jane. 97, 113, 135, 258, 


Morison, Rev. J. IL. 424. 




317, 455- 


Morrill. David L., 190. 




Mason. Jeremiah (nephew), 3. 


Mother, 2. 4, 401. 




Mason, Colonel Jeremiah, 2. 


Motion to reduce Army, 144. 




Mason, Deacon Jeremiah, i. 


Mrs. Monroe's Drawing-room. 181, 191. 




Mason, Captain John, i, 39, 233, 400. 






Mason, Jonathan, 187. 


Navigation Act, 201, 204, 205. 




Mason, Marianne, 455. 


Negotiations at Ghent, 105. 




Mason, Mary, 455. 


New Hampshire Judiciary. 153. 




Mason, Mary Elizabeth, 96, loi, 109, 


New Hampshire Politics, 329. 




III, 113, 140, 258, 260, 317, 368, 


New Hampshire Resolutions. 335. 




374> 433. 435- See Letters. 


New Hampshire, State of, 23. 




Character, 436, 437. 


New Organization of U. S. Courts, 182, 




Devotion to her Father, 436. 


184, 185. 




Diary, 436, 437, 441. 


" N. Y. Evening Post," 32. 




Moral and Spiritual Growth, 435. 






Obituary, 440. 


Obituary of Miss Mary E. Mason, 440. 




Mason, Mrs., 148, 317, 332, 336. 362, 


Offered position of Chief Justice of N. 




364, 431. See Letters. 


H., 152. 




Mason, Robert Means, 97, iii, 422, 424, 


Ohio Resolutions, 255. 




427, 428, 455. 


Olcott. Hon. Simon. 52. 




Mason, Mrs. R. M., 455. 


Old School New England Clergymen, 




Mason, Sarah, 455. 


40. 




Mason, Susan, 455. 


Oliver, Dr. F. E., 455. 




Massachusetts Claim. 191, 211. 


Otis, Mr.. 188. 237. 240, 270, 2S4. 




Massachusetts Convention. 258. 259. 


Our Government. 90, 104. 




Massachusetts Legislature. 83. 89. 






Mead, Rev. Mr., 77. 


P.ackard, Prof. A. S., 420. 




Meade, Richard W., 192. 


Paige. J. W. & Co., 343' 447- 




Means. Miss Mary, 42. 


Panama Question, 301. 




Means. Colonel Robert, 42. 


Paper Bank. 121. 




Member of the N. H. Legislature, 245, 


Parker, Hon. Nalium, 52. 53. 




249' 255' 293- 


Parsons, Theophilus, 41, 348, 388, 406. 




Mercer, Charles F., 190. 


Payne, Edward, 232. 




Method in Cross-examination. 383. 


Payne, Wm., 232. 




Missouri Slave Question, 231, 235. 240. 


Payson, Miss, 98. 




243. 245, 247. 


Pcabody, Rev. A. P., 448. 




Monroe. James, 137, 138. 148. 157, 158, 


Peace Society, 349. 




160, 161, 199. 


Pequot War, 39, 233. 




Monroe's Cabinet, 192. 


Perkins, Tutor, 11. 




Monroe's Successor. 1S7. 


Personal Appearance, 377. 




Moore, Colonel, 23, 24, 28. 


Personal Religion, 224, 226. 



Index. 



465 



Phelps. Oliver. 33. 

Pickering, Colonel. 31. 

Pickering, W'm., 326, 430. 

Pickering's Reports, 345. 

I'ierrepont, Dr., 442, 444. 

" Pit,' .Action," 26. 

Pinckney, Ch.irles Cotesworth. 52. 

Pinkney, Hon. \Vm., 124, 128, 201, 21 ^ 

218, 263. 
Pinkney's Embassy to Naples, 199, 201. 
" Plowden's Commentaries," 30. 
Plumer, Hon. VVm., 52, 152. 
Plumer, Wm. Jr., 294, 421. 
Potter, Dr. Horatio, 374. 
Politics of N. H., 52-55. 
Political Opinions, 54, 389. 
Political Prospects, 178, 179. 
Political Prospects in Kngland, 359. 
" Portfolio," 31. 

Portsmouth, 37, 164, 342, 403. 431. 
Portsmouth Fire, 75. 
Presence of Mind, 425. 
President Monroe in Boston. 15S, 161. 
President Monroe in New Vork, 162. 
President Monroe at Portsmouth, 163. 
President Monroe's Journey, 158-163, 

173- '74- 
President of Branch Bank at Ports- 
mouth, 322. 
Presidential Candidates, 264. 269, 281, 

287, 290, 317. 355' 357' 361- 
Proceedings upon Mr. Mason's Death, by 

The Circuit Court of the United 
States, 410. 

The Court of Common Pleas in Ports- 
mouth, 412. 

The Merrimack County Bar, 

The Rockingham Bar, 411. 

The Suffolk Bar. 397. 

The Supreme Court of Mass., 399. 
Professional Journeys, 168. 
Professional Life in Boston, 345. 
S9 



Professional Success, 42. 
Public Affairs in 1813, 63, 65. 

Randolph, John, 128, 130, 132. 
Reasons for Resignation of Seat in Sen- 
ate, 155, 157. 
Reelection to N. H. Legislature, 255. 
Religious Ciiaracter, 390. 407, 427, 428. 
Remarks on the Autobiography, 39. 
Reminiscences by Francis Bassett, Esq., 

415- 
Reminiscences by Mr. Lord, 45. 
Removal to Boston, 342. 
Removal to Portsmouth, 38. 
Report on Manufactures, 337. 
Report on the Ohio Resolutions, 256. 
Report on Virginia Resolutions, 250. 
Republican Party, 52, 169, 293. 
Resignation of Judge Sherburne, 285. 
Resigns his Seat in U. S. Senate, 155. 
Resumes Professional Life, 164. 
Retirement from .Vctive Practice, 363. 
Revolutionary Officers and Soldiers, 203. 
Revolutionary War, 3. 
Rhinelander, Ur. and Mrs., 438. 
Richardson, Chief Justice, 429. 
Rockingham Memorial, 53. 
Russell, Tutor Talcott, 10. 

Sargent, Mrs., 128. 
S.aybrook Platform, 15. 
Scene in a Court Room, 384. 
Scill. Major. 14. 
Scott, Sir William, 208. 
Sedgwick. Judge, 13. 
Senior Year at Yale, 11. 
Settles down for Practice, 24. 
Seventy-si.\th Birthday, i. 
Sheafe, James, 28 1. 
Sherburne, Judge, 285, 286. 
Sherman. Roger, 15. 
Smith, Geiieral, 240, 242. 



Indux. 



466 



Index. 



Index. 



Smith, Jeremiah, 41, 42, 403. 
Social Life in Portsmouth, 165. 
South American Question, 194. 
Speech on Conscription Bill, 102, 107. 
Speech on Constitutional Amendment, 

126. 
Speech on Embargo Bill, 74, 78. 
Standing at College, 10. 
Stiles, President, 8, 11. 
Stockton, Howard, 455. 
Stockton, Julia, 283. 
Stone, Rev. Dr., 6, 12. 
Stone. Rev. J. S., 427. 
.Story's Commentaries, 363. 
Story, Joseph, 42, 173, 208, 222, 244, 

266, 319, 346, 416, 425. See Letters. 
Story, Mrs., 272. 306, 317, 333- 334- 
Stowell, Lord, 277. 
Students at Law, 25. 
Studies Law, 15. 
Sullivan, Geo., 424. 
Sumner, Charles, 420. 
Supreme Court of the U. S., 260, 268, 

278. 
Surviving Children, 455. 
Swan, Mr., 219. 

Tait, Judge, 190. 
Taylor, John of Caroline, 250. 
Tazewell; Mr., 266, 281, 315. 
Thirteenth Congress, 55, 59, 60. 
Thirteenth Congress, Second Session, 64. 
Thirteenth Congress, Third Session, 93. 
Thorndike, Elizabeth Frances, 448.' 
Thurston, William, 25. 
Ticknor, Mr., 343, 346, 358, 364, 365, 419, 
Ticknor, Mrs., 362. 
Tisdale, Master, 6, 401. 
Tompkins, — 241, 242. 
Treasury Department, Resolutions re- 
specting, 83, 84, 85. 
Treaty of Peace, 118, 119. 



Treaty with Spain, 217, 218, 220. 
Tributes to Mr. Mason, by — 

Hon. Samuel D. Bell, 413. 

Mr. Choate, 397, 415. 

Mr. Hoar, 415. 

Ira Perley, Esq., 414. 

Hon. John Porter, 412. 

Robert Rantoul, Jr., Esq., 410. 

Chief Justice Shaw, 409. 

Mr. Webster, 399. 

Judge Woodbury, 271, 411. 
Troy, New City of, 14. 
Trumbull Family, 40. 
Trumbull, Governor (the elder), 6. 
Tyler, Judge Royal, 32. 

Uncas, the Indian Sachem, 3, 39, 234,401. 
Upham, General, 329, 331. 
U. S. Senate, 58, 63, 71. 
Usury and Usury Laws, 48. 

Van Buren, 341, 353, 356, 361. 

Vermont, Bar of, 22. 

Vermont, State of, 17, 22. 

Vinton, Rev. A. H., 377, 

Virginia Land Agency, 2,Z^ 36. 

Virginia Resolutions, 234, 243, 245, 246, 

249, 250. 
Visit to Mr. Ticknor, 365. 

Walbach, Colonel, 75. 

Walbach, Mrs., 75. 

Waldo, Daniel, 10. 

Walpole, N. H., 28. 

Ware, Dr., 375, 376. 

War of 1812, 53, 55, 65. 94. 

Washington, Bushrod, 35. 

Washington, President, 12,, 34, 35. 

Webster, Daniel, 42, 53, 55, 58, 75, 109, 
115, 116, 118, 142, 199, 245, 285, 292, 
309,314,346,382,399,416,425. See 
Letters. 



Index. 



467 



Webster, Mrs., 75, 148, 283, 289, 292, 

309. 327- 

Webster's Dartmouth College Argument, 
171. 

Webster's Discourse on Adams and Jef- 
ferson, 307. 

Webster's Estimate of Mr. Mason, 393, 
403. 405. 

Webster's Illness, 309. 

Webster's Report on Compensation Law, 

'47- 
Webster's Return to the Senate, 367. 
West, Mr., 23, 26, 28. 



Westminster, Vt., 18. 20. 
Westmoreland, N. H., 23. 
Whiting, Judge, 14. 
Whiting, Mrs., 13. 
Whiting, Samuel, 13. 
Wilde, Mr. Justice, 384. 
Widow's Society, 437. 
Williams, Colonel Wm., 7. 
Wirt, William, 219, 221, 264. 
Woodbury, Levi, 293, 295. 
Woodworth. Classmate, 14. 
Woolen Manufactures, 337, 350. 
•' Writs of Right," 429. 



Index. 




LIBRARY OF CONGRESS 

111 



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